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REMY v. CITY OF NEW YORK

36 A.D.3d 602 (2007)

828 N.Y.S.2d 451

MARIE G. REMY et al., Appellants, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Respondent, and NEW YORK CITY DEPARTMENT OF TRANSPORTATION, Respondent. PEPSI COLA BOTTLING COMPANY OF NEW YORK, INC., et al., Third-Party Defendants. (And a Related Action.)

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

Decided January 9, 2007.

Ordered that the order is affirmed, with costs.

These related actions arose out of a motor vehicle accident that occurred on the Staten Island Expressway (hereinafter the Expressway) on the afternoon of October 17, 2000. The accident occurred when a truck, owned by the third-party defendant Pepsi Cola Bottling Company of New York, Inc. (hereinafter Pepsi), and operated by the third-party defendant Jack S. Barasch, crashed into a truck (hereinafter the DOT truck) owned...

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