Appellate Division of the Supreme Court of the State of New York July 26, 2001 (Peschieri v. Estate of Ballweber)

—Rose, J.

Appeal from an order of the Supreme Court (Williams, J.), entered July 28, 2000 in Saratoga County, which denied the motion of defendant Frank P. Iacobelli for summary judgment dismissing the complaint against him.

Plaintiffs’ decedent was killed when the motorcycle on which she was a passenger collided with a station wagon on a two-lane highway on a clear, dry summer afternoon.