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McELWAIN v. OLASHANSKY

220 A.D.2d 394 (1995)

631 N.Y.S.2d 886

Bryan McElwain, Respondent, v. Philip B. Olashansky, Defendant, and Lenny & John Pizzeria, Appellant

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

October 2, 1995

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed as against the defendant Lenny & John Pizzeria, and the action against the remaining defendant is severed.

On April 20, 1989, the plaintiff, while a pedestrian, was struck by a motor vehicle owned and operated by the defendant Philip Olashansky. The plaintiff commenced this action against Olashansky and the appellant...

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