Richardson v. Kempney Trucking

Appeal from an order of the Supreme Court, Onondaga County (Edward D. Garni, J.), entered July 1, 2003. The order granted defendant’s cross motion dismissing the complaint and deemed moot third-party defendants’ motion for summary judgment dismissing the amended third-party complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the cross motion is denied, the complaint is reinstated and the matter is remitted to Supreme Court, Onondaga County, for further proceedings in accordance with the following Memorandum:…