OVERHOFF v. PERFETTO

1297 CA 11-01246.

92 A.D.3d 1255 (2012)

938 N.Y.S.2d 403

2012 NY Slip Op 1046

THERESA OVERHOFF et al., Respondents, v. SUNTA PERFETTO, Appellant.

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

Decided February 10, 2012.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the complaint is dismissed.

Memorandum: Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Theresa Overhoff (plaintiff) when a vehicle operated by defendant collided with a vehicle driven by plaintiff. Supreme Court erred in denying defendant's motion seeking summary judgment dismissing the complaint on...

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