| Nelson A. v Krone |
| 2020 NY Slip Op 04634 [186 AD3d 988] |
| August 20, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Nelson A., as Administrator of the Estate of Luis A. A.-S., Also
Known as Luis A., Sr., Respondent, v Eric J. Krone, Appellant. (Appeal No. 4.) |
Letitia James, Attorney General, Albany (Robert M. Goldfarb of counsel), for defendant-appellant.
Schnitter Ciccarelli Mills, PLLC, Williamsville (Ryan J. Mills of counsel), for plaintiff-respondent.
Appeal from a judgment of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered April 4, 2019. The judgment adjudged that defendant acted with reckless disregard for the safety of others and that he is 35% liable for the subject collision.
It is hereby ordered that the judgment so appealed from is reversed on the law without costs and the complaint is dismissed.
Same memorandum as in Alexandra R. v Krone ([appeal No. 1] 186 AD3d 981 [4th Dept 2020]).
All concur except NeMoyer and Curran, JJ., who dissent and vote to affirm in the same dissenting memorandum as in Alexandra R. v Krone ([appeal No. 1] 186 AD3d 981 [4th Dept 2020]). Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Curran, JJ.