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SIMONE v. CITY OF NIAGARA FALLS

281 A.D.2d 923 (2001)

721 N.Y.S.2d 892

THERESA A. SIMONE et al., Respondents, v. CITY OF NIAGARA FALLS, Appellant, et al., Defendant.

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

Decided March 21, 2001.

Judgment unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action seeking to recover damages for injuries they sustained when the vehicle owned by Robert J. Baker and operated by Theresa A. Simone was struck by a police vehicle operated by defendant Scott Dallavia, a police officer for defendant City of Niagara Falls (City). Defendants conceded liability and the case proceeded to trial on "damages only." A precharge conference was held...

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