Kwiatkowski v. Bertoldo

Appeal from an order of the Supreme Court, Erie County (Barbara Howe, J.), entered June 16, 2003. The order, insofar as appealed from, denied the motion of defendants S&D Tire Sales, Inc. and R. Steven Pierce for summary judgment dismissing the complaint against them.

*1209It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this action to recover damages for injuries they sustained when the vehicle driven by Mary E. Kwiatkowski (plaintiff) in which Daniel Kwiatkowski was a passenger collided with another…