bibbo v. Taylor

In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court (Isseks, J.), dated December 8, 1981 and entered in Putnam County, which denied his motion for summary judgment upon the issue of liability. Order reversed, on the law, with $50 costs and disbursements, and motion granted. It is undisputed that on July 21,1979, at approximately 11:00 P.M., the plaintiff was riding as a passenger in an automobile owned and operated by defendant on Crane Road in the Town of Carmel. Plaintiff was sitting in the right front seat of the vehicle. It…