Schirmer v. Yost

Order unanimously reversed, without costs, motion granted and complaint and cross claims dismissed as to defendants Webster. Memorandum: The defendants Allen Webster and Janice Webster appeal from Special Term’s denial of their motion to dismiss the complaint and the cross claims herein (CPLR 3211, subd [a], par 7) or alternatively for summary judgment. This is a personal injury action for damages suffered when Earl E. Schirmer, Jr., an infant, was struck by a motor vehicle owned by the defendant, Doreen A. Yost and operated by the defendant Ronald H. Beth along Greenleaf Road in the Town of…