Kilmer v. Strek
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal and cross appeal from an order of the Supreme Court, Erie County (John E Lane, J.), entered February 15, 2006 in a personal injury action. The order denied in part defendant’s motion for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in its entirety and dismissing the complaint and as modified the order is affirmed without costs.
Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Mary Kilmer (plaintiff) when the vehicle…
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