LATUSO v. MARESCA

2015-09951. Index No. 44317/08.

150 A.D.3d 712 (2017)

2017 NY Slip Op 03499

53 N.Y.S.3d 669

STEPHEN LATUSO, Respondent, v. SALVATORE D. MARESCA, JR., et al., Appellants, et al., Defendants.

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

Decided May 3, 2017.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Salvatore D. Maresca, Jr., and Mary Maresca for summary judgment dismissing the complaint and all cross claims insofar as asserted against them is granted.

At approximately 3:00 a.m. on February 11, 2008, the plaintiff, while operating his motorcycle on Mt. Sinai Coram Road in the Town of Brookhaven, allegedly was injured when he swerved to avoid a garbage pail that had blown...

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