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KOCH v. LEVENSON

225 A.D.2d 592 (1996)

638 N.Y.S.2d 785

Michael Koch et al., Plaintiffs, v. Sheldon Levenson, Defendant and Third-Party Plaintiff, et al., Defendants. County of Nassau, Third-Party Defendant. (Action No. 1.) Carol Erstling et al., Appellants, v. Sheldon Levenson, Respondent, County of Nassau, Appellant, et al., Defendants. (Action No. 2.) (And Two Related Actions.)

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

March 11, 1996

Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

Contrary to the appellants' contention, the Supreme Court properly awarded summary judgment to Sheldon Levenson dismissing all complaints, third-party complaints, and cross claims insofar as asserted against him. Levenson was driving his automobile north along Peninsula Boulevard in Rockville Center when a driver in the southbound lane...

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