Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied with leave to renew in a new action or proceeding, and the complaint is dismissed.
The plaintiff Heriberto Maldonado was injured in a "hit and run" accident, when he, a pedestrian, was struck by a car which left the scene. A witness provided the police with a license plate number, which was traced to a vehicle owned by the defendant Nu Way Fuel Oil Burners...
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