Earley v. Town of Allegany

—Appeal from certain parts of an order of Supreme Court, Cattaraugus County (NeMoyer, J.), entered May 8, 2001, that, inter alia, granted the cross motion of defendant Edmond Chevrolet, Inc. for summary judgment dismissing the amended complaint and cross claims against it.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries that he sustained as a passenger in a vehicle involved in a one-vehicle accident. Defendant Edmond Chevrolet, Inc. (Edmond Chevrolet), a…