Cruickshank v. Dukes

OPINION OF THE COURT

Memorandum.

Order unanimously reversed without costs, defendant’s motion granted to the extent it sought renewal, and, upon renewal, defendant’s motion for summary judgment granted and complaint dismissed.

Plaintiff was a passenger in a vehicle operated by defendant which was involved in an accident. At the time of the accident, defendant was a group home counselor employed by the Queensboro Society for the Prevention of Cruelty to Children and the vehicle was owned by Queensboro. Plaintiff was employed by a temporary employment agency known as “Tempositions” and had been…