Barton v. Youmans

Appeal from an order of the Supreme Court, Monroe County (William P Polito, J.), entered July 1, 2003. The order granted plaintiffs’ motion for partial summary judgment on the issue of negligence.

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 seeking damages for injuries sustained by Thomas Barton (plaintiff) when the vehicle that he was driving was rear-ended by a vehicle *1152driven by defendant. Supreme Court properly granted plaintiffs’ motion for partial summary judgment on negligence.…