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SCARPELLI v. MARSHALL

92 Misc.2d 244 (1977)

Rosanne Scarpelli, Plaintiff, v. Joseph Marshall, Defendant. (Action No. 1.) Liberty Mutual Fire Insurance Company, as Subrogee of Joseph Marshall, Plaintiff, v. Rosanne Scarpelli, Defendant. (Action No. 2.)

Supreme Court, Trial Term, Nassau County.

December 1, 1977

Attorney(s) appearing for the Case

Marshall, Bellofatto & Callahan for defendant in Action No. 1 and for plaintiff in Action No. 2. William Biren and Julius Wolfson for plaintiff in Action No. 1.

JAMES F. NIEHOFF, J.

The facts in this case are quite simple.

On February 7, 1975 the automobiles being driven by Rosanne Scarpelli and Joseph Marshall came into contact with one another. As a result of the collision two lawsuits were begun. In the first lawsuit, the plaintiff Rosanne Scarpelli seeks damages for personal injuries claimed to have been sustained by her as a result of the alleged negligence...

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