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GOMEZ v. DOE

230 A.D.2d 892 (1996)

647 N.Y.S.2d 27

Julio Gomez, Appellant, v. John Doe, Defendant, and Avis Rent-a-Car System, Inc., Respondent

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

August 26, 1996

Ordered, that the order and judgment is reversed, on the law and on the facts, with costs, the complaint is reinstated, and a new trial is ordered.

The plaintiff testified that he was struck by a vehicle bearing license plate number ZHH 288. The plaintiff's complaint, in paragraph "3" thereof, alleges that a vehicle bearing this license plate number was owned by the defendant Avis Rent-A-Car System, Inc., and this allegation is not denied in the defendant's answer...

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