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BENEDETTO v. CITY OF NEW YORK

208 A.D.2d 880 (1994)

617 N.Y.S.2d 905

John Benedetto et al., Respondents, v. City of New York et al., Defendants, and Maersk Container Service, Appellant

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

October 31, 1994

Ordered that the order is reversed, on the law, with costs, the motion to dismiss the complaint insofar as it is asserted against Maersk Container Service is granted, and the action against the remaining defendants is severed.

The instant action arose from a motor vehicle accident which occurred in June 1986 during which the plaintiffs' vehicle was struck by a tractor-trailer rig operated by James Barron. The plaintiffs...

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