Schager v. Lino Bordi, Inc.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Weiss, J.), dated February 6, 2003, which denied their motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

At 2:45 p.m., on November 6, 2001, the then 17-year-old plaintiff Mark Justin Schager (hereinafter Schager), a pedestrian, was crossing Willis Avenue at its intersection with Lafayette Street in Williston Park, when he was struck by a 33,000-pound truck operated by the defendant Louis J. Oliveri, owned by…