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ROSENBERG v. MAZZONE

251 A.D.2d 565 (1998)

673 N.Y.S.2d 943

Herbert M. Rosenberg et al., Appellants, v. Lewis A. Mazzone et al., Respondents, et al., Defendant

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

June 22, 1998

Ordered that the order is affirmed, with one bill of costs.

The plaintiff Herbert M. Rosenberg was injured when he was struck by an automobile driven by the defendant Gilbert Dewynter and owned by the defendant Lewis A. Mazzone. Mazzone submitted sufficient proof on his motion for summary judgment to establish that his vehicle was being driven without his permission or consent at the time the injured plaintiff was struck (see, Leonard v Elite Investigations...

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