Kadan v. Volkswagen of America, Inc.

Appeal from an order of the Supreme Court at Special Term (Williams, J.),. entered May 31, 1984 in Albany County, which granted defendant Bertram Z. Kadan’s motion for summary judgment dismissing the complaint as to him and denied plaintiffs’ cross motion to excuse them for failure to comply with a conditional order of preclusion.

On June 28,1980, plaintiff Alvin Kadan was allegedly injured in a one-car accident while he was a passenger in a Volkswagen Rabbit operated by defendant Bertram Z. Kadan (hereinafter defendant). This personal injury action ensued. In due course, defendant answered…