Cross v. Labombard
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
McCarthy, J.P.
Appeal from an order of the Supreme Court (Ellis, J.), entered September 12, 2013 in Franklin County, which, among other things, partially denied defendant’s cross motion for summary judgment.
In December 2009, plaintiff John J. Cross was the driver of a vehicle, with plaintiff Helene M. Cross as a passenger, when the vehicle was struck from the rear by another vehicle that had itself been struck from behind by a truck being operated by defendant. Plaintiffs commenced this personal injury action and moved for partial summary judgment on the issue of liability. Defendant…
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