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KAMINSKI v. MODERN ITALIAN BAKERY OF WEST BABYLON

282 A.D.2d 652 (2001)

724 N.Y.S.2d 177

JERZY KAMINSKI, Appellant, v. MODERN ITALIAN BAKERY OF WEST BABYLON et al., Respondents.

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

Decided April 23, 2001.

Ordered that the order is affirmed, with costs.

The plaintiff, while lying unconscious in an alley, was injured when he was run over by a truck driven by the defendant Michael Cabales (hereinafter Cabales), and owned by the defendant Modern Italian Bakery of West Babylon, Inc. The plaintiff commenced this action in 1993 and filed a note of issue on July 19, 1995. After a trial in October 1998, the jury returned a verdict in the defendants' favor. Thereafter the plaintiff...

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