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SERRANO v. CANTON

299 A.D.2d 703 (2002)

749 N.Y.S.2d 591

JOSE C. SERRANO, Appellant, v. DEBORAH A. CANTON, Defendant, and TODD R. McQUADE et al., Respondents.

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

Decided November 14, 2002.

Mercure, J.

Plaintiff sustained the injuries forming the basis for this action in an October 30, 1998 rollover car accident on the Thruway in Albany County. After joinder of issue and some discovery, plaintiff moved for partial summary judgment on the issues of liability and serious injury. Defendants Todd R. McQuade and Butterfield Contracting Ltd. (hereinafter collectively referred to as defendants) cross-moved for summary judgment dismissing the complaint against...

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