Appellate Division of the Supreme Court of the State of New York January 8, 1998 (Wenck v. Zillioux)

Crew III, J.

Appeal from an order of the Supreme Court (Ingraham, J.), entered April 16, 1997 in Otsego County, which denied defendants’ motion for summary judgment dismissing the complaint.

On October 13, 1994, plaintiffs were traveling southbound on State Route 28, a two-lane road, in Otsego County. Defendant Nicole B.