Cullipher v. Traffic Markings, Inc.

Judgment unanimously reversed on the law without costs, motion denied and complaint and cross claims reinstated. Memorandum: Supreme Court erred in granting the motion of defendant Traffic Markings, Inc. (Traffic Markings) for summary judgment dismissing the complaint and cross claims against it. On August 19, 1992, several employees of Traffic Markings were working at the intersection of Route 92 and Woodchuck Hill Road repainting the traffic lanes. Defendant Michael E. Niles, II, who was operating his vehicle eastbound on Route 92, maintains that an employee of Traffic *992Markings directed him…