Posner v. Hendler

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered May 2, 2002, which granted the plaintiff’s motion for summary judgment on the issue of liability.

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

The plaintiff was injured when the vehicle in which she was a passenger crashed through a guardrail on the Bronx River Parkway and struck a tree. She subsequently commenced this action against the defendant, the owner of the vehicle and father of the driver.…