Smit v. Phillips
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 defendant George H. Smit appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), dated October 5, 2009, as denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the appellant’s motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him is granted.
The plaintiff was a passenger in a motor…
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