ARUMUGAM v. SMITH


277 A.D.2d 979 (2000)

716 N.Y.S.2d 518

MURUGAN ARUMUGAM et al., Respondents, v. DAVID M. SMITH et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.


Order unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this action to recover damages for injuries sustained by Murugan Arumugam (plaintiff) when he was struck by a vehicle operated by David M. Smith (defendant) and owned by defendant Rigidized Metals Corp. Supreme Court properly granted plaintiffs' motion for partial summary judgment on the first cause of action, alleging negligence. "Although summary judgment is a drastic remedy and there...

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