TUMMINELLO v. CITY OF NEW YORK

2016-05699, Index No. 1489/14.

148 A.D.3d 1084 (2017)

2017 NY Slip Op 02083

49 N.Y.S.3d 739

ANTHONY TUMMINELLO et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided March 22, 2017.


Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion for summary judgment on the issue of liability is granted.

On July 22, 2013, at the intersection of Francis Lewis Boulevard and Union Turnpike in Queens, a Department of Sanitation truck owned by the defendant City of New York and operated by nonparty Michael J. McPhillips, in which the plaintiff Anthony Tumminello (hereinafter the injured plaintiff) was a passenger, struck another...

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