Baldwin v. Wilkins

Appeal from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered August 4, 2003. The order granted *918defendants’ motion for summary judgment dismissing the complaint in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when the vehicle he was driving, which was stopped at an intersection, was rear-ended by a vehicle driven by defendant…