Walls v. Goshen Central Dispatch Co.

OPINION OF THE COURT

Herbert Shapiro, J.

Motion by defendant Tokio Marine Management, Inc., for an order dismissing plaintiff’s complaint and cross claim of codefendant MVAIC on the grounds that the defenses are founded upon documentary evidence and further that plaintiff’s complaint and the MVAIC cross claim fail to state a cause of action is disposed of as follows:

The plaintiff allegedly sustained personal injuries when struck by a motor vehicle owned by defendant Goshen Central Dispatch Company, Inc. (Goshen), and driven by codefendant John Doe. Thereafter, plaintiff commenced the instant…