KILMER v. MASTROPIETRO

1152 CA 16-00458.

145 A.D.3d 1559 (2016)

2016 NY Slip Op 08707

42 N.Y.S.3d 912

NICHOLAS KILMER, Appellant, v. DAVID MASTROPIETRO, Individually and/or Doing Business as FINGER LAKES TRANSPORT, et al., Respondents.

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

Decided December 23, 2016.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries that he allegedly sustained when he ran behind a rolling car in an attempt to stop it, and then was struck by the car when he slipped and fell. Contrary to plaintiff's contention, Supreme Court properly granted defendants' respective motion and cross motion for summary judgment dismissing the complaint...

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