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SCORDO v. COSTCO WHOLESALE CORP.

2009-09435.

77 A.D.3d 725 (2010)

910 N.Y.S.2d 440

MICHAEL SCORDO, Respondent-Appellant, v. COSTCO WHOLESALE CORPORATION, Doing Business as COSTCO, Appellant-Respondent. (Action No. 1.) NATIONAL BEN FRANKLIN INSURANCE COMPANY OF ILLINOIS, as Subrogee of MICHAEL SCORDO et al., Respondents, v. COSTCO WHOLESALE CORPORATION, Appellant. (Action No. 3.)

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

Decided October 12, 2010.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiff Michael Scordo allegedly was injured on May 10, 2004, when the front-left wheel of the vehicle he was driving separated from the car, causing him to lose control of the vehicle and travel down an embankment. Scordo commenced an action against the defendant Costco Wholesale Corporation, doing business as COSTCO (hereinafter the defendant), to...

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