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HOFMANN v. ASHFORD

60 A.D.3d 1498 (2009)

876 N.Y.S.2d 588

KIMBERLY HOFMANN, Respondent-Appellant, et al., Plaintiff, v. TOWN OF ASHFORD et al., Appellants, et al., Defendants. STATE FARM MUTUAL AUTOMOBILE INS. CO., as Subrogee of GEORGE K. HOFMANN, Respondent, v. TOWN OF ASHFORD et al., Appellants.

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

Decided March 27, 2009.

It is hereby ordered that the order so appealed from is modified on the law by granting the cross motion and as modified the order is affirmed without costs.

Memorandum: Kimberly Hofmann (Hofmann) and her husband commenced an action against, inter alia, the Town of Ashford (Town) and Duane Fuller seeking damages for injuries sustained by Hofmann when a snowplow owned by the Town and operated by Fuller collided with Hofmann's vehicle at an intersection. Hofmann and...

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