Mortimer v. Lynch
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In an action to recover damages for personal injuries, the defendants appeal from an *559order of the Supreme Court, Nassau County (Vitale, J.), dated May 30, 1984, which denied their motion for summary judgment.
Order affirmed, with costs.
On November 16, 1979, the defendant driver Keith B. Lynch, a volunteer fire fighter, while en route to the firehouse in response to an alarm, struck and seriously injured Daniel Boyle, a pedestrian, who suffers from cerebral palsy and severe mental retardation. The defendant driver and his codefendant, the owner of the vehicle he was driving, moved for summary…
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