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SAUTER v. CALABRETTA

CA 11-01296.

90 A.D.3d 1702 (2011)

936 N.Y.S.2d 469

2011 NY Slip Op 9754

JOYCE SAUTER, Filed on Behalf of CLAUDETTE V. SAUTER, Appellant-Respondent, v. PETER A. CALABRETTA, Respondent-Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2011.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action on behalf of her daughter seeking damages for injuries her daughter sustained when she was struck by a vehicle operated by defendant while walking on the shoulder of the road. Plaintiff appeals and defendant cross-appeals from an order denying plaintiff's motion for partial summary judgment...

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