MacWhinnie v. Nugent

In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Berler, J.), dated April 12, 2005, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants stored their 1969 Mercedes Benz in the plaintiffs’ garage. On December 6, 2001, the plaintiff Herbert C. MacWhinnie (hereinafter the injured plaintiff) moved the car out of the garage, in order to sweep out the garage. He testified at his deposition that he pulled the…