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MURDOCCA v. DIGIOIA

264 A.D.2d 509 (1999)

695 N.Y.S.2d 366

PASQUALE MURDOCCA, Respondent, v. LINDA DIGIOIA, Respondent, and FREDERICK J. NORTON et al., Defendants and Third-Party Plaintiffs-Appellants. COMMERCIAL DRIVER TRAINING, INC., Third-Party Defendant-Respondent.

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

Decided August 30, 1999.

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

On March 30, 1995, the defendant Frederick J. Norton was driving a tractor-trailer truck belonging to his employer, the defendant Pauls Trucking Corp., westbound on the Long Island Expressway. The defendant Linda DiGioia was receiving instruction on driving a tractor-trailer from the plaintiff, Pasquale Murdocca, a commercial driving instructor. Norton was proceeding in the center lane while DiGioia was driving...

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