Guerriero v. Timberlake

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Lisa, J.), dated November 6, 1997, which granted the motion of the plaintiff George Guerriero to dismiss the counterclaim and the motion of the plaintiffs for partial summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The plaintiffs made out a prima facie case that the defendant Kelly Timberlake was negligent when the vehicle she was operating went through a red light and struck the plaintiffs’ vehicle (see, Salenius v…