Locatelli v. Blanchard

Appeal from an order of the Supreme Court at Special Term (Graves, J.), entered November 1, 1983 in Fulton County, which granted defendant’s motion to dismiss the complaint.

Plaintiff Carl Locatelli (plaintiff) was involved in an automobile accident on April 17, 1981. He and his wife subsequently brought the instant negligence action to recover damages for his personal injuries which allegedly resulted from the accident. In the order appealed from, Special Term dismissed the complaint pursuant to CPLR 3211 (a) (7) on the ground that plaintiff had failed to establish a prima facie case that he…