Mildner v. Wagner

Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered November 4, 1981 in Sullivan County, which denied defendants’ motion for summary judgment dismissing the complaint. Plaintiff’s decedent was killed on September 27,1973 when the car he was driving collided with the back of a tractor trailer driven by defendant Kenneth Wagner while driving east on Interstate Route 84 up Greenville Mountain in Orange County. This wrongful death action against Wagner, as driver and owner of the tractor, and defendant Melvin Shawber, as owner of the trailer portion of. the vehicle,…