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BATTISTA v. TWOMEY

188 Misc.2d 481 (2001)

729 N.Y.S.2d 603

CONNIE BATTISTA et al., Plaintiffs, v. TIMOTHY TWOMEY et al., Defendants.

Civil Court, New York County.

July 9, 2001.

Attorney(s) appearing for the Case

Wade Clark Mulcahy, New York City, for defendants.

William A. Gallina, Bronx, for plaintiffs.

OPINION OF THE COURT

DEBRA ROSE SAMUELS, J.

Defendant's motion for summary judgment is denied.

In this negligence action for damages arising from an automobile accident, plaintiffs allege, both in their complaint and in the affidavit of plaintiff Connie Battista (plaintiff), that plaintiff's vehicle, while stopped in traffic, was struck from behind by a vehicle owned by defendant Color by Pergament, Inc...

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