Santorio v. Diaz

Appeal from an order of the Supreme Court at Special Term (Harlem, J.), entered May 12,1981 in Schenectady County, which denied a motion for summary judgment dismissing the complaint. Michael Diaz, Jr., the driver, was involved in a one-car accident in which plaintiff, his passenger, suffered injuries. She instituted a negligence action against the owner, the driver’s father, Michael A. Diaz, Sr. Although the driver is a named defendant, he apparently was never served and is not a party to this action. The motion for summary judgment made by Michael A. Diaz, Sr., has as its predicate the…