ROSSNAGEL v. KELLY

2017-10609. Index No. 100222/16.

177 A.D.3d 650 (2019)

2019 NY Slip Op 07923

Andrew I. Rossnagel, Respondent, v. Edward Kelly, Defendant/Third-Party Plaintiff-Respondent, and Stationery Engineers et al., Appellants, et al., Defendant. Jayesh K. Patel, Third-Party Defendant-Respondent.

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

Decided November 6, 2019.


Ordered that the order is modified, on the law, by deleting the provision thereof which, in effect, searched the record and awarded summary judgment to the plaintiff on the issue of liability against the defendants Stationery Engineers and Tyrone Prideau; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

This personal injury action arose out of a three-vehicle accident. The plaintiff was a passenger in the middle vehicle...

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