Bare v. Kissinger

Appeal from an order of the Supreme Court (Best, J.), entered June 27, 1994 in Fulton County, which denied third-party defendant’s motion to dismiss the complaint and granted plaintiff’s motion for an order, inter alia, modifying a conditional order of preclusion.

Plaintiff commenced this action to recover for injuries he sustained in the collision of a police car, driven by third-party defendant and occupied by plaintiff, with a car owned and operated by defendant. On May 20, 1994, Supreme Court issued a consent order precluding plaintiff from giving evidence with respect to the items and…