TURNER v. MONGITORE


274 A.D.2d 512 (2000)

711 N.Y.S.2d 478

CATHERINE TURNER, Individually and as Mother and Natural Guardian of JESSE TURNER, an Infant, Respondent, v. ANGELO MONGITORE, Individually and as Father and Natural Guardian of JOHN MONGITORE, an Infant, Respondent, and LOUISE NICOSIA et al., Appellants.

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

Decided July 24, 2000.


Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, the complaint and all cross claims insofar as asserted against the appellants are dismissed, and the action against the remaining defendants is severed.

The plaintiff Jesse Turner was riding in a car driven by the defendant John Mongitore and owned by the defendant Angelo Mongitore, when it crossed over into the opposite lane of traffic. The car collided head on with a vehicle...

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