4385. KENNETH CONREY, plf-ap, v. ANTHONY J. TELLONE, def-res, CARLA D. FRAZIER, def-ap — CARLA FRAZIER, PLAINTIFF, v. ANTHONY J. TELLONE, def-res, KENNETH CONREY, def-ap — JOANN MIDDLETON, PLAINTIFF, v. ANTHONY J. TELLONE, def-res, CARLA D. FRAZIER def-ap — Russo & Tambasco, Melville (Yamile R. Al- Sullami of counsel), and Wingate, Russotti, Shapiro & Halperin, LLP, New York (William P. Hepner of counsel), for Kenneth Conrey, ap — Keane & Bernheimer, PLLC, Valhalla (Connor W. Fallon of counsel), for Carla D. Frazier, ap — Picciano & Scahill, P.C., Bethpage (Keri A. Wehrheim of counsel), for res — Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about November 23, 2016, which denied plaintiff/defendant Kenneth Conrey’s motion for summary judgment dismissal of the complaints and cross claims in actions 2 and 3 as against him, and denied his motion for summary judgment on the issue of liability as against defendant Antony J. Tellone in action 1, and denied defendant Carla D. Frazier’s cross motion for summary judgment dismissal of the complaints and cross claims against her in actions 1 and 3, unanimously modified, on the law, to grant Conrey’s motion to dismiss the complaints and cross claims against him in actions 2 and 3, to grant Conrey’s motion to the extent of awarding him partial summary judgment on the issue of liability in action 1, and to grant Frazier’s cross motion to dismiss the complaints and cross claims against her in actions 1 and 3, and otherwise affirmed, without costs. The Clerk is directed to enter judgment accordingly.
This is a consolidated action for personal injuries arising from a threecar collision that occurred on January 23, 2015. Defendant Anthony J. Tellone was operating his vehicle on the New York Thruway southbound when he collided with a vehicle being operated by plaintiff/defendant Carla D. Frazier before striking a second vehicle being operated by plaintiff/defendant Kenneth Conrey. Plaintiff Joann Middleton was in the front passenger seat of in Conrey’s vehicle when the accident occurred. It is undisputed that Conrey’s and Frazier’s vehicles never collided with each other.
