Tumminello v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Lane, J.), dated April 19, 2016, which denied their motion for summary judgment on the issue of liability.
Ordered that the order is reversed, on the law, with costs, and the plaintiffs’ motion for summary judgment on the issue of liability is granted.
On July 22, 2013, at the intersection of Francis Lewis Boulevard and Union Turnpike in Queens, a Department of Sanitation truck owned by the defendant City of New York and operated by nonparty Michael J.…
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