SUVALIN v. BATISTA

2010-12147

90 A.D.3d 1023 (2011)

934 N.Y.S.2d 856

2011 NY Slip Op 9623

SYDNEY SUVALIN, Respondent, v. ISAAC BATISTA et al., Defendants, SUN YUN NA, Appellant, and CITY OF NEW YORK, Respondent.

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

Decided December 27, 2011.


Ordered that the order is reversed, on the law, with one bill of costs, and the motion of the defendant Sun Yun Na for summary judgment dismissing the complaint and all cross claims insofar as asserted against him is granted.

On February 28, 2008, at approximately 1:00 A.M., the plaintiff, Sydney Suvalin, was operating a vehicle owned by Desmond Hunte, a nonparty in this action, when it was struck from the rear by a vehicle owned by the defendant Sun Yun Na (hereinafter...

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