Draper v. Canada Dry Bottling

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered December 13, 2006, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The defendants’ truck made contact with an SUV operated by the plaintiff on the Major Deegan Expressway in the Bronx, after the plaintiffs vehicle swerved in an attempt to avoid contact with an unidentified third…