RODRIGUEZ v. MARTINELLI

2009-02793

68 A.D.3d 843 (2009)

2009 NY Slip Op 9204

891 N.Y.S.2d 119

WILFREDO RODRIGUEZ, Respondent, v. ROSE MARTINELLI, Appellant.

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

Decided December 8, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, upon renewal, so much of the order dated June 27, 2008, as denied that branch of the defendant's motion which was for summary judgment on the issues of liability and apportionment, is vacated, and that branch of the defendant's motion is granted.

On January 31, 2003, the plaintiff and the defendant were involved in a collision while operating their respective vehicles. On April 27...

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