SMITH v. POTTERY KING, INC.

2013-03035, Index No. 2327/07.

125 A.D.3d 753 (2015)

DENISE SMITH, Respondent, v. POTTERY KING, INC., et al., Defendants, and JOSEPH KING, SR., Appellant.

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

Decided February 11, 2015.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Joseph King, Sr., which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against him is granted.

On April 21, 2006, the defendant Richard Cullen, a driver for the defendant Pottery King, Inc. (hereinafter Pottery King), and an employee of a corporation in which Joseph King, Sr., was a principal, was driving...

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