Boone v. Hopkins

—Appeal from an order of Supreme Court, Erie County (Siwek, J., for Joslin, J.), entered January *86724, 2002, which granted defendants’ motion and resettled a judgment entered May 31, 2000.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the judgment entered May 31, 2000 is reinstated.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he was struck by a vehicle operated by defendant John R. Hopkins and owned by defendant John J. Zmuda. Defendants conceded…