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PAWLUKIEWICZ v. BOISSON

275 A.D.2d 445 (2000)

713 N.Y.S.2d 66

JAMES PAWLUKIEWICZ, Appellant, v. MARIE N. BOISSON et al., Defendants, and INGVER A. NELSON, Respondent. (Action No. 1.) HERSON ASCENCIO et al., Plaintiffs, v. MARIE N. BOISSON et al., Defendants. (Action No. 2.)

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

Decided August 28, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff in Action No. 1, James Pawlukiewicz, was a passenger in a vehicle that crossed over into the oncoming lane of traffic and collided head-on with a vehicle being driven by the defendant Ingver A. Nelson. He thereafter commenced this action against, among others, Nelson. After issue was joined and various disclosure completed, Nelson moved, inter alia, for summary judgment dismissing...

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