Betts v. Marecki

Order unanimously reversed on the law without costs, motion granted and complaint and cross claims against defendant John Marecki dismissed. Memorandum: Supreme Court erred in denying the motions of defendant John Marecki for summary judgment dismissing the complaint and cross claims against him. Marecki, the driver of the second vehicle in a chain-reaction motor vehicle accident, testified at an examination before trial that he had his foot on the brake and his vehicle was at a complete stop when it was hit from the rear by the last vehicle in the chain, driven by defendant Jerritt S.…