Gatto v. Smith-Eisenberg
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 appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated June 16, 2000, which denied her motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff and the defendant were involved in an automobile accident on May 31,1994. The defendant was the registered owner and operator of her vehicle. The plaintiff commenced an action against the defendant’s husband. The Supreme Court…
2Cases cited6 opinions
- Buran v. CoupalNew York Court of Appeals · 1995
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Mondello v. New York Blood CenterNew York Court of Appeals · 1992
- Prudential Insurance Co. of America v. StoneNew York Court of Appeals · 1936
- Desiderio v. RubinAppellate Division of the Supreme Court of the State of New York · 1996
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