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CONRAD v. DeMUNDA

170 CA 21-00005.

204 A.D.3d 1500 (2022)

165 N.Y.S.3d 772

2022 NY Slip Op 02906

James S. Conrad, Appellant-Respondent, v. Richard A. DeMunda et al., Respondents-Appellants.

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

Decided April 29, 2022.

Attorney(s) appearing for the Case

WILLIAM MATTAR, P.C., ROCHESTER ( MATTHEW J. KAISER OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( BRENT C. SEYMOUR OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT RICHARD A. DEMUNDA.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO ( KEVIN E. LOFTUS OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT NIAGARA APOTHECARY, INC.

Present—Smith, J.P., Centra, Lindley, Curran and Bannister, JJ.

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

Memorandum: Plaintiff commenced this action seeking damages for personal injuries he sustained when a vehicle owned and operated by defendant Richard A. DeMunda, who was working as an employee of defendant Niagara Apothecary, Inc. (Niagara), left the roadway and struck several parked vehicles and pedestrians, including plaintiff. Defendants separately moved for summary judgment...

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