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GARZA v. VICO UTILS., INC.

150 A.D.2d 520 (1989)

John M. Garza et al., Respondents, v. VICO Utilities, Inc., et al., Appellants

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

May 15, 1989

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

In this automobile accident case, the plaintiffs commenced suit against the defendant VICO Utilities, Inc. (hereinafter VICO) as owner of the offending vehicle, and the defendant "Ernesto M. Colon" as the driver of the vehicle. By failing to deny in their answer the allegation in the complaint that Colon was driving the vehicle with VICO's permission...

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