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MARCONI v. REILLY

254 A.D.2d 463 (1998)

678 N.Y.S.2d 785

William Marconi et al., Plaintiffs, v. Lenore D. Reilly, Defendant and Third-Party Plaintiff-Respondent. Ischia Restaurant Corp., Doing Business as Frankie B'Z, Third-Party Defendant-Appellant

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

October 26, 1998

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

Minutes after the defendant third-party plaintiff Lenore Reilly left the restaurant Frankie B'Z, where she had consumed at least two martinis, the car she was driving struck the plaintiffs' vehicle while it was stopped at a traffic light. At the scene of the accident, the plaintiffs and a police officer observed that Reilly had an unsteady gait, slurred speech, glazed and bloodshot eyes, and...

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