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COLEMAN v. GAMBI, INC.

153 Misc.2d 961 (1992)

Barbara Coleman, Plaintiff, v. Gambi, Inc., et al., Defendants.

Supreme Court, Orange County.

March 17, 1992

Attorney(s) appearing for the Case

MacVean, Lewis, Sherwin & McDermott for George Zois, defendant. Wilson, Elser, Moskowitz, Edelman & Dicker for Rosebud's, defendant. Frederick J. Murphy Associates for Cumberland Farms, Inc., defendant. Finkelstein, Levine, Gittelsohn & Tetenbaum for plaintiff.

LOUIS A. BARONE, J.

The defendant argues that in order for the results of a breathalyzer test to be introduced in either a civil or criminal action, there must be strict compliance with Vehicle and Traffic Law § 1194.

The defendant "Rosebud" alleges that the defendant Zois was arrested for driving while intoxicated somewhere between 3:58 A.M. and 4:19 A.M. The arresting officer affirms that defendant...

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