AUGUSTINE v. DANDREA


274 A.D.2d 962 (2000)

710 N.Y.S.2d 748

LABONTE AUGUSTINE, Plaintiff, v. MELISSA A. DANDREA et al., Defendants and Third-Party Plaintiffs-Appellants. TERRY SCOTT et al., Third-Party Defendants-Respondents. (Appeal No. 1.)

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

Decided July 7, 2000.


Order reversed on the law without costs, motion denied and third-party complaint reinstated.

Memorandum:

Plaintiff commenced this action seeking damages for injuries sustained when struck by a vehicle driven by Melissa A. Dandrea (defendant) and owned by defendant Richard Dandrea. At the time of the accident, plaintiff was a member of a crew picking up recycling material on Brooklea Drive in the Town of Gates.

When defendant struck plaintiff with her...

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