SMIT v. PHILLIPS

2009-10336.

74 A.D.3d 782 (2010)

901 N.Y.S.2d 705

CASSANDRA SMIT, Respondent, v. MARIEL S. PHILLIPS et al., Respondents, and GEORGE H. SMIT, Appellant.

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

Decided June 1, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the appellant's motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him is granted.

The plaintiff was a passenger in a motor vehicle which was operated by her husband, the defendant George H. Smit (hereinafter the appellant), in the leftmost lane of the southbound roadway of the Sagtikos...

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