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SCHERER v. NORTH SHORE CAR WASH CORP.

45 A.D.3d 564 (2007)

846 N.Y.S.2d 206

MAUREEN SCHERER et al., Plaintiffs, v. NORTH SHORE CAR WASH CORP., Appellant, VINCENT FILECCIA et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 7, 2007.

Ordered that the judgment is reversed, on the law, with costs, the award, in effect, of summary judgment is vacated, and the motion is granted to the extent of precluding the defendant Vincent Fileccia from offering any evidence at trial regarding the condition of his vehicle at the time of the accident.

The plaintiff Maureen Scherer was seriously injured when she was struck by a vehicle owned by the defendant Vincent Fileccia (hereinafter Fileccia), and driven by...

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