MIHALAKIS v. LIBERTY LINES


130 Misc.2d 241 (1985)

John Mihalakis et al., Respondents, v. Liberty Lines, Appellant.

Supreme Court, Appellate Term, First Department.

September 25, 1985


Attorney(s) appearing for the Case

Vincent P. Nesci, P. C. (Thomas J. Keane of counsel), for appellant.

HUGHES, J. P., RICCOBONO and SANDIFER, JJ., concur.


Per Curiam.

Order entered November 19, 1984 (Silver, J.) affirmed, without costs.

Plaintiffs hired defendant's van for transportation to Kennedy Airport and allegedly suffered heat prostration and dehydration due to the failure of the air conditioning in the van. Defendant moved for summary judgment dismissing the action, alleging that plaintiffs' claimed damages for pain and suffering arose out of the "use or operation" of a motor vehicle (Insurance Law ...

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