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ROTH v. BARRETO

289 A.D.2d 557 (2001)

735 N.Y.S.2d 197

SAUL ROTH, Respondent, v. ADAM E. BARRETO et al., Defendants, and VINCENZO'S OF NORTH MERRICK LTD., Appellant. (Action No. 1.) LENNY ROTH et al., Respondents, v. ADAM E. BARRETO et al., Defendants, and VINCENZO'S OF NORTH MERRICK LTD., Appellant. (Action No. 2.)

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

Decided December 31, 2001.

Ordered that the order is affirmed, with costs.

On February 18, 1999, at about 6:55 P.M., a vehicle operated by Adam E. Barreto, a defendant in both actions, collided with a vehicle operated by the plaintiff in Action No. 1, Saul Roth, in front of the appellant's pizza store. The plaintiffs allege that Barreto was delivering pizza pies for the appellant at the time of the accident. The appellant moved for summary judgment in both actions, alleging that Barreto was...

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