Stewart v. Wilkinson

Main, J. P.

Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered December 23, 1985 in Albany County, which granted defendant Anthony Donato’s motion to dismiss the complaint against him.

Plaintiff was injured when the vehicle she was driving was involved in a collision with another vehicle, struck two boulders on the side of the highway and overturned. She commenced this action against the driver of the other vehicle, the Town of New Scotland, the County of Albany and Anthony Donato, the owner of the property where her car overturned. With respect to Donato, she…