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FISCELLA v. GIBBS

261 A.D.2d 572 (1999)

690 N.Y.S.2d 713

JOSEPH C. FISCELLA et al., Respondents, v. CECIL GIBBS et al., Defendants, and DONNA CONE, Appellant.

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

Decided May 24, 1999.

Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

On August 14, 1994, the plaintiffs' vehicle was proceeding in the left east-bound lane of Hempstead Turnpike, the vehicle of the defendant Cecil Gibbs was proceeding in the left westbound lane...

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