Bush v. Blankenheim

Order unanimously reversed on the law without costs, motion granted and complaint and cross claims against defendants Charles J. McKay, Jr., and AIM Leasing Company dismissed. Memorandum: Supreme Court erred in denying the motions of defendants Michael K. Smith and Safety Kleen Corp. (Safety Kleen) and Charles J. McKay, Jr., and AIM Leasing Company (AIM Leasing) and the cross motion of defendant Robert E. Seaberg for summary judgment dismissing the complaint and cross claims against them. “While negligence cases do not generally lend themselves to resolution by motion for summary judgment,…