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  5. 149 A.D.2d 914 (1989)
 

SIMMONS v. RICKS

149 A.D.2d 914 (1989)

Geneva Simmons et al., Appellants, v. Robert Ricks, Appellant, and Donald Fox, Doing Business as Mr. Fox's Tire, Respondent, et al., Defendant. (Appeal No. 3.)

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

April 14, 1989

Appeal by plaintiff Grover Simmons unanimously dismissed. Judgment in favor of defendant Donald Fox, doing business as Mr. Fox's Tire, unanimously reversed on the law without costs and new trial granted, in accordance with the following memorandum:

Plaintiff Geneva Simmons was injured on May 29, 1982 in Mr. Fox's Tire garage when she was struck by a car owned by defendant Baxter and driven by defendant Ricks. She commenced an action against Mr. Fox's Tire, Baxter...

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