BETTS v. Jerritt S. Wilson and Richard Wilson, Respondents. (1998)

Supreme Court, Appellate Division, Fourth Department, New York.

Kenneth J. BETTS and Natalie D. Betts, Respondents, v. John MARECKI, Appellant, Jerritt S. Wilson and Richard Wilson, Respondents.

Decided: February 04, 1998

Before DENMAN, P.J., and PINE, HAYES, BALIO and BOEHM, JJ.

Chelus, Herdzik & Speyer, P.C. by Gregory Pajak, Buffalo, for Defendant-Appellant. Magner & Love, P.C. by Michael Smith, Buffalo, for Plaintiffs-Respondents.

Supreme Court erred in denying the motions of defendant John Marecki for summary judgment dismissing the complaint and cross claims against him. Marecki, the driver of the second vehicle in a chain-reaction motor vehicle accident, testified at an examination before trial that he had his foot on the brake and his vehicle was at a complete stop when it was hit from the rear by the last vehicle in the chain, driven by defendant Jerritt S. Wilson. Marecki established entitlement to judgment as a matter of law, and neither plaintiffs nor the remaining defendants raised a triable issue of fact whether Marecki was negligent in the operation of his vehicle. Thus, Marecki is entitled to judgment as a matter of law dismissing the complaint and cross claims against him (see, Sollecito v. Scott, 188 A.D.2d 824, 591 N.Y.S.2d 231).

Order unanimously reversed on the law without costs, motion granted and complaint and cross claims against defendant John Marecki dismissed.

MEMORANDUM:

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