McNeal v Leggieri

McNeal v Leggieri 2007 NY Slip Op 04538 [40 AD3d 510] May 29, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 11, 2007

David McNeal, Respondent,
v
Anthony Leggieri, Appellant.

—[*1] Kelly, Rode & Kelly, LLP, Mineola (Susan M. Ulrich of counsel), for appellant.

Richard K. Hershman, New York, for respondent.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered January 29, 2007, which, in an action for personal injuries sustained in a car accident, denied defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

The record is bereft of legally credible evidence connecting defendant to plaintiff's accident other than as a witness. Concur—Tom, J.P., Andrias, Nardelli, Williams and Buckley, JJ.