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LYNCH-FINA v. PAREDES

164 Misc.2d 963 (1995)

627 N.Y.S.2d 255

Jamie Lynch-Fina, Individually and as Administratrix of The Estate of Michael D. Wagner, Jr., Deceased, Plaintiff, v. Derrick Paredes et al., Defendants.

Supreme Court, Queens County.

April 3, 1995

Attorney(s) appearing for the Case

Rossano, Mose, Hirschhorn & Corleto, P. C., Garden City (Neil R. Finkston of counsel), for Gilda Taormina, defendant. Connors & Connors, P. C., Staten Island (Deborah Y. Bajohr of counsel), for Derrick Paredes, defendant. Ginsberg & Fedrizzi, Flushing (Linda F. Fedrizzi of counsel), for plaintiff.

DAVID GOLDSTEIN, J.

This is a motion by defendant Taormina for an order granting summary judgment dismissing the complaint, pursuant to CPLR 3212.

The action was brought to recover damages for the wrongful death of plaintiff's decedent, Michael D. Wagner, Jr., who, on October 26, 1991, was struck and killed by a vehicle owned by defendant Taormina and operated by defendant Paredes. At the time of the...

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