DAVIS v. COTTRELL

514203.

101 A.D.3d 1300 (2012)

956 N.Y.S.2d 248

2012 NY Slip Op 8599

CHERYL DAVIS, Appellant, v. KENNETH COTTRELL et al., Defendants and Third-Party Plaintiffs-Respondents. ROBERT S. DAVIS JR., Third-Party Defendant-Respondent.

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

December 13, 2012.


McCarthy, J.

In July 2005, plaintiff was a passenger in a van driven by third-party defendant when the van was struck by a vehicle driven by defendant Katelyn Cottrell and owned by defendant Kenneth Cottrell. Plaintiff's body jerked forward, but no part of her body struck the interior of the van. Plaintiff commenced this negligence action against defendants, who then commenced a third-party action. Third-party defendant moved for summary judgment dismissing the third...

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