Whitford v. Carlson

Appeal from an order of the Supreme Court, Chautauqua County (Frederick J. Marshall, J.), entered June 29, 2004. The order granted the motion of defendant Jeffrey M. Carlson for summary judgment dismissing the complaint and cross claims against him.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, and the complaint and cross claims against defendant Jeffrey M. Carlson are reinstated.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained while a passenger in a…