Hopkins v. Ambrose

Mercure, J.P.

Appeals (1) from an order of the Supreme Court (Dowd, J.), entered April 13, 2009 in Chenango County, which granted a motion by defendants Lucas Petkash and Gail A. Petkash for summary judgment dismissing the complaint against them, and (2) from the judgment entered thereon.

In August 2007, defendant Patrick A. Ambrose, a locomotive engineer for Canadian Pacific Railway, was traveling home from work at approximately 1:00 a.m. when he was involved in a collision with a pedestrian. Ambrose testified in an examination before trial that the accident occurred as he approached the…