McCollum v. U-Haul International Corp.

—Order, Supreme Court, Queens County (Angelo Graci, J.), entered on November 15, 1991, which granted defendant U-Haul International Corp.’s cross-motion for summary judgment dismissing the complaint as against it and severed the action as against the remaining defendants, is unanimously reversed, on the law, the motion is denied, and the complaint is reinstated, without costs.

This is an action for personal injuries allegedly sustained as a result of a pedestrian being struck by a rental van owned by defendant-respondent U-Haul International Corp. We hold that the motion court exceeded its…