Paige v. City of Buffalo

—Appeal from an order of Supreme Court, Erie County (Whelan, J.), entered September 7, 2001, which, inter alia, granted defendants’ cross motion and dismissed the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is modified on the law by denying defendants’ cross motion and reinstating the complaint and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries that he sustained when the vehicle that he was driving collided with a vehicle owned by defendant City of *1002Buffalo and driven by…