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FLORIO v. BAIERLEIN

225 A.D.2d 584 (1996)

638 N.Y.S.2d 783

Joann Florio et al., Plaintiffs, v. Henry G. Baierlein et al., Defendants. (Action No. 1.) Julio C. Romero, Appellant, v. James Johnson, Jr., et al., Defendants, and Joann Florio et al., Respondents. (Action No. 2.) (And a Related Action.)

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

March 11, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

This appeal stems from an automobile accident which occurred when the delivery truck driven by the defendant Henry Baierlein, in which the appellant was a passenger, careened out of control on Sunrise Highway, vaulted over a concrete divider, and landed on the hood of an oncoming vehicle driven by the respondent Joann Florio. The respondents' motion papers clearly established that the subject...

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