Weather v. North American Recycling Corp.

Appeal from an order of the Supreme Court (Ceresia, Jr., J.), entered January 13, 1998 in Rensselaer County, which, inter alia, granted plaintiff Eldarosa Coulthrust’s motion for preclusion and summary judgment dismissing defendants’ counterclaim and granted plaintiff Ozell Weather’s motion for partial summary judgment on the issue of liability.

Defendant Jeffrey Thatcher, a truck driver for defendant North American Recycling Corporation, was driving a 19-foot box truck in the City of Troy, Rensselaer County, when he realized that he was lost. To turn around, Thatcher planned to back up…