Gawera v. Scrogg

Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered March 18, 2003. The order denied defendant’s motion for summary judgment dismissing the complaint in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Cindy L. Gawera (plaintiff) when the vehicle she was driving collided with defendant’s vehicle shortly after defendant exited a driveway and pulled onto the highway on which plaintiff…