Brown v. Schultz

Appeal from *628an order of the Supreme Court (Rumsey, J.), entered July 2, 2001 in Cortland County, which denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff commenced this action seeking damages for personal injuries sustained when he was struck by an automobile driven by defendant Timothy F. Schultz. The accident occurred in the parking lot of a convenience store as plaintiff walked from the gas pumps to the store entrance. Following joinder of issue, defendants’ motion for summary judgment was denied by Supreme Court prompting this appeal.

We affirm. In support of…