Phillis Nurse v. City of New York

In an action to recover damages for wrongful death, etc., the defendants City of New York, John Doe #1, and John Doe #2 appeal from an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated February 23, 2007, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed, on the law, with costs, and the appellants’ motion for summary judgment dismissing the complaint insofar as asserted against them is granted.

On the evening of October 27, 1995 an Oldsmobile collided with the vehicle of the plaintiffs’…