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PUCCIO v. CAPUTO

272 A.D.2d 387 (2000)

707 N.Y.S.2d 478

KERRIE PUCCIO, an Infant, by Her Mother and Natural Guardian, CAREN PUCCIO, et al., Appellants, v. LUCILLE CAPUTO et al., Defendants, and PSA, a Division of PEPSICO, INC., et al., Respondents.

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

Decided May 8, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the motion of the defendants PSA, a division of Pepsico, Inc. (hereinafter PSA), and Juan Perez, for summary judgment dismissing the complaint insofar as asserted against them. PSA, the owner of a tractor trailer delivery truck, and Perez, the operator of the truck, established that the operator of the other vehicle, the defendant Lucille Caputo, was negligent as a matter of law by...

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