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WRIGHT v. LABRAKE

267 A.D.2d 578 (1999)

699 N.Y.S.2d 227

RUTH A. WRIGHT et al., Respondents, v. MICHAEL J. LABRAKE, Defendant, and SERGI'S ITALIAN RESTAURANT AND PIZZERIA, Appellant.

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

Decided December 2, 1999.

Cardona, P. J.

On November 19, 1996, plaintiff Ruth A. Wright (hereinafter Wright) and her 11-year-old granddaughter, plaintiff Loretta A. Wright (hereinafter the infant), were allegedly struck by an automobile driven by defendant Michael J. LaBrake while they were standing in front of defendant Sergi's Italian Restaurant and Pizzeria (hereinafter defendant) in the Town of Canton, St. Lawrence County. Thereafter, Wright, her husband and the infant commenced this personal...

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