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  5. 139 A.D.2d 566 (1988)
 

KELLY v. MALONE FREIGHT LINES, INC.

139 A.D.2d 566 (1988)

Ana Kelly, Plaintiff, v. Malone Freight Lines, Inc., et al., Defendants and Third-Party Plaintiffs-Appellants. Sidney Phillips, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 11, 1988

Ordered that the order is affirmed insofar as appealed from, with costs.

On or about September 27, 1982, a tractor trailer owned and operated by the defendants and third-party plaintiffs Malone Freight Lines, Inc. and Nile P. Testerman, respectively, collided with a motor vehicle operated by the third-party defendant. The plaintiff, who was, at the time, a passenger in the vehicle operated by the third-party defendant, submitted...

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