Coffed v. McCarthy

*1437Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, Jr., J.), entered June 18, 2014. The order denied defendants’ motion for summary judgment dismissing plaintiff’s complaint.

It is hereby ordered that the order so appealed from is reversed on the law without costs, defendants’ motion is granted, and the complaint is dismissed.

Memorandum: Plaintiff, as administrator of the estate of her husband (decedent), commenced this action seeking damages for fatal injuries sustained by decedent when the bicycle he was riding collided with a dump truck operated by John N. McCarthy…