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FONTUS v. D & J SCH. BUS

249 A.D.2d 361 (1998)

670 N.Y.S.2d 367

Carole Fontus et al., Respondents, v. D & J School Bus et al., Appellants

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

April 13, 1998

Ordered that the order is modified, on the law, by deleting therefrom the provision granting the plaintiffs' motion to strike the fifth affirmative defense and substituting therefor a provision denying that motion; as so modified, the order is affirmed, with costs to the defendants.

The plaintiff Carole Fontus was allegedly injured when she was struck by a school bus owned by the defendant D & J School Bus, which was...

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