Barnes v. EstesBarnes v. Estes
It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Plaintiffs commenced this action seeking damages for injuries allegedly sustained by David R. Barnes (plaintiff) when the motor vehicle in which he was a passenger collided with a truck owned by defendant Ryder Truck Rental, Inc. Defendant Victor L. Estes was driving the truck in the course of his employment with defendant Sherwood Food Distributors Partnership of Orleans International & Regal Packing, Inc. Supreme Court properly granted defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, P.J., Gorski, Lunn, Fahey and Green, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint against defendants John C. Polak and Barbara A. Polak is dismissed.
Memorandum: The plaintiffs in action No. 1 and the plaintiff in action No. 2 (collectively, plaintiffs) commenced these actions seeking compensation for damage to their property resulting from a fire allegedly caused by defendant John T. Polak, the son of John C. Polak and Barbara A. Polak (collectively, defendant parents). Supreme Court erred in denying the motions of the defendant parents seeking dismissal of the complaints against them. The defendant parents established that, contrary to
SCUDDER, P.J.
GORSKI, LUNN, FAHEY AND GREEN, JJ.
NOTE: The provided document contains the end of one case, and two other complete cases. I have converted the first complete case found in the document, David R. Barnes et al., Appellants, v Victor L. Estes et al., Respondents.
It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Plaintiffs commenced this action seeking damages for injuries allegedly sustained by David R. Barnes (plaintiff) when the motor vehicle in which he was a passenger collided with a truck owned by defendant Ryder Truck Rental, Inc. Defendant Victor L. Estes was driving the truck in the course of his employment with defendant Sherwood Food Distributors Partnership of Orleans International & Regal Packing, Inc. Supreme Court properly granted defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of