Mazzarella v. McVeigh

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Queens County (Milano, J.), dated July 11, 2000, which granted the defendant’s motion for summary judgment and dismissed the complaint.

Ordered that the order and judgment is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

In the early morning hours of November 14, 1998, the defendant was driving on an unpaved, unlit, rural road in Delaware County. The plaintiffs Thomas Mazzarella and John Petschauer were…