Marmaduke v. Spraker

Appeal from an order of the Supreme Court (Ferradino, J.), entered January 26, 2006 in Saratoga County, which granted defendants’ motion for summary judgment dismissing the complaint.

Plaintiff Jacquelyn Marmaduke and her spouse, derivatively, commenced this action seeking to recover for injuries allegedly sustained as the result of a motor vehicle accident that occurred in July 2003 near the intersection of State Routes 147 and 29 in the Town of Galway, Saratoga County. Prior to the underlying collision, defendant Ronald Spraker was proceeding north on State Route 147, followed by his boss,…