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Greenberg v. Parbury

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 454 (N.Y. App. Div. 1998)

Opinion

June 15, 1998

Appeal from the Supreme Court, Suffolk County (Stark, J.).


Ordered that the order is affirmed, with costs.

This action arose from a motor vehicle accident involving a vehicle owned by Ellen J. Greenberg and Stephen R. Greenberg, the plaintiffs in Action No. 1, and a vehicle owned by the appellant Aaron Todd Boat Shipping, Inc., and operated by the appellant Philip E. Parbury, who are the defendants in both actions. The appellants' claim that the plaintiffs are required to exhaust collateral resources, such as insurance, before prosecuting an action against the appellants, is without merit. Accordingly, the Supreme Court properly denied the appellants' motion, inter alia, for summary judgment ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562).

Rosenblatt, J. P., Copertino, Goldstein and Luciano, JJ., concur.


Summaries of

Greenberg v. Parbury

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 454 (N.Y. App. Div. 1998)
Case details for

Greenberg v. Parbury

Case Details

Full title:ELLEN J. GREENBERG et al., Respondents, v. PHILIP E. PARBURY et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 15, 1998

Citations

251 A.D.2d 454 (N.Y. App. Div. 1998)
673 N.Y.S.2d 333