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TOBACCO v. N. BABYLON FIRE

182 Misc.2d 480 (1999)

696 N.Y.S.2d 340

JANINE N. TOBACCO, Plaintiff, v. NORTH BABYLON VOLUNTEER FIRE DEPARTMENT et al., Defendants. MARGARET A. SUPERTY et al., Plaintiffs, v. NORTH BABYLON VOLUNTEER FIRE DEPARTMENT et al., Defendants. JANINE N. TOBACCO, Plaintiff, v. TRACY VANDERBERGH et al., Defendants. JANINE N. TOBACCO, Plaintiff, v. DALE KASTEN, Defendant.

Supreme Court, Suffolk County.

March 5, 1999.

Attorney(s) appearing for the Case

Steven L. Sidney, Woodbury (Alan I. Korn of counsel), for North Babylon Fire District and another.

Agoglia, Fassberg, Holland & Crowe, P. C., Mineola (Emmet Agoglia of counsel), and Carl P. Maltese, P. C., Smithtown, for Janine N. Tobacco.

Kelly, Rode & Kelly, Mineola (John Kenneth Rode of counsel), for Margaret Superty.

Abbate, Lawrence & Worden, P. C., Melville (Matthew Rainis of counsel), for General Motors Acceptance Corp.

Curtis, Zaklukiewicz, Vasile, Devine & Mc-Elhenny, Merrick (Roy W. Vasile of counsel), for Century 21 D.P. Realty, Inc.

OPINION OF THE COURT

JAMES M. CATTERSON, J.

Defendant North Babylon Volunteer Fire Department's motion for judgment as a matter of law pursuant to CPLR 4401 is denied as stated on the record in this court, March 3, 1999. The decision of the court follows.

This action was commenced by plaintiff Janine Napolitano Tobacco to recover for personal injuries allegedly sustained by her on May 30, 1991. Plaintiff was a passenger in a car operated by defendant...

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