Santoleri v. Knightly

OPINION OF THE COURT

Kenneth R. Fisher, J.

Defendant, Profetta Funeral Chapel, Inc., moves to dismiss plaintiffs’ complaint seeking to hold it liable in negligence for injuries plaintiff sustained on the abutting public highway from a passing motorist as she was crossing the highway to attend a funeral. According to the complaint, plaintiffs drove to Profetta’s located on Empire Boulevard to attend a funeral where the parking lot was full. An employee of Profetta instructed plaintiffs to park across the street in another park*340ing lot which was not owned or operated by Profetta. After parking…