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SURACE v. KERSTEN, JR.

278 A.D.2d 226 (2000)

717 N.Y.S.2d 283

JOSEPH SURACE, Appellant, v. FRANK KERSTEN, JR., Defendant, and HERBERT FRIEDMAN, Respondent. (Action No. 1.) ERIC SHANE et al., Appellants, v. FRANK KERSTEN, JR., et al., Defendants, and HERBERT FRIEDMAN, Respondent. (Action No. 2.)

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

Decided December 4, 2000.

Ordered that the judgment is affirmed, with costs.

The plaintiffs in Action No. 2, Eric Shane and Debra Surace, were passengers in a vehicle driven by Joseph Surace, the plaintiff in Action No. 1 and a defendant in Action No. 2, and owned by Denise DiVirgilio, a defendant in Action No. 2. That vehicle collided with a vehicle driven by Frank Kersten, Jr., a defendant in both actions, and the plaintiffs in both actions alleged that they were injured in the accident...

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