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BOYES v. DeLELLIS

210 A.D.2d 931 (1994)

621 N.Y.S.2d 421

Penelope Boyes, Individually and as Parent and Natural Guardian of Sarah Boyes and Another, Infants, Appellant, v. Karen L. DeLellis et al., Defendants, and Douglas W. Boyes, Respondent

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

December 23, 1994

Order insofar as appealed from unanimously reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting the motion of defendant Douglas W. Boyes for summary judgment dismissing the complaint of plaintiff, Penelope Boyes. Douglas Boyes was driving a Ford van southbound on Route 219 in the Town of Ashford when a northbound vehicle, driven by Jason DeLellis, spun out of control on a curve and slid into...

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