Kearns v. Piatt

Appeal from an order of the Supreme Court (Meddaugh, J.), entered January 7, 2000 in Sullivan County, which denied defendants’ motion for summary judgment dismissing the complaint.

On November 24, 1997, defendant Charles Piatt and his coworker, Jerry Stackhouse, both of whom were employed by defendant Village of Monticello, were operating a sand truck on East Dillon Road in the Village of Monticello, Sullivan County. As the truck, which was traveling eastbound, approached the intersection of East Dillon Road and Lawrence Avenue, Piatt, who was driving, applied the brakes and attempted to stop.…