Semonian v. Seidenberg

Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J), entered June 1, 2009 in a personal injury action. The order denied the motion of defendants for summary judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Richard D. Semonian (plaintiff) *1563when the vehicle that he was driving was struck by a vehicle operated by defendant Janice O. Seidenberg and owned by defendant the…