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D'ALESSANDRO v. EASTMAN KODAK COMPANY

256 A.D.2d 1242 (1998)

684 N.Y.S.2d 91

DAVID R. D'ALESSANDRO, Individually and as Limited Administrator of the Estate of KIMBERLY A. D'ALESSANDRO, Deceased, Appellant, v. EASTMAN KODAK COMPANY, Defendant, and FRANK MONGEON, JR., Respondent. (Action No. 5.) (Appeal No. 2.)

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

Decided December 31, 1998.

Judgment unanimously reversed on the law without costs, motion denied and complaint against defendant Frank Mongeon, Jr., reinstated.

Memorandum:

Supreme Court erred in granting the motion of Frank Mongeon, Jr. (defendant) for summary judgment dismissing the complaint against him in action No. 5. Defendant met his initial burden by submitting evidentiary proof that the Eastman Kodak Company (Kodak) dump truck that he was driving was not involved in the accident...

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