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OSOHOWSKY v. ROMANIELLO

201 A.D.2d 473 (1994)

607 N.Y.S.2d 396

Mark Osohowsky, by His Conservator, Stella Kacer, Plaintiff, v. Rose Romaniello et al., Defendants, and Durso Supermarkets, Inc., Defendant and Third-Party Plaintiff-Respondent-Appellant. Royal Insurance Co., Third-Party Defendant and Fourth-Party Plaintiff-Appellant-Respondent, et al., Third-Party Defendants, and York Claims Service, Inc., Fourth-Party Defendant-Appellant

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

February 7, 1994

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

On October 10, 1987, the defendant James Romaniello purchased alcoholic beverages from the defendant Durso Supermarkets, Inc. (hereinafter Durso). The plaintiff Mark Osohowsky was a passenger in the car driven by Romaniello which was in an accident wherein the plaintiff suffered severe, permanent, and disabling...

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