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NELSON v. GARCIA

152 A.D.2d 22 (1989)

John C. Nelson, Jr., et al., Plaintiffs, v. Richard G. Garcia et al., Appellants, and Town of Holland, Respondent, et al., Defendants Richard Garcia et al., Third-Party Plaintiffs-Appellants, v. Gary Tillinghast et al., Third-Party Defendants. (And Three Other Actions and Third-Party Actions.) (Appeal No. 2.)

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

November 15, 1989

Attorney(s) appearing for the Case

O'Shea, Reynolds, Napier, Quinn & Cummings (Kenneth R. Kirby of counsel), for Richard G. Garcia and others, appellants.

Smith, Murphy & Schoepperle (Robert J. Whetzle of counsel), for respondent.

CALLAHAN, J. P., BOOMER, BALIO and LAWTON, JJ., concur.

DENMAN, J.

In these four consolidated actions seeking to recover for personal injuries sustained in a multiple vehicle accident, the court properly granted the motion of the Town of Holland for summary judgment dismissing all claims, cross claims, and third-party claims against it. Those claims seek to impose direct or vicarious liability upon the town on the theories...

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