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SHEA v. MAZZA, II

307 A.D.2d 708 (2003)

762 N.Y.S.2d 221

JAMES SHEA, as Executor of KEVIN L. SHEA, Deceased, Appellant, v. ROBERT H. MAZZA, II, Respondent, and JEFFREY C. McFALL, Appellant. (Action No. 1.) LINDA L. SHEA, Appellant, v. ROBERT H. MAZZA, II, Respondent, and JEFFREY C. McFALL, Appellant. (Action No. 2.) JEFFREY C. McFALL, Appellant, v. ROBERT H. MAZZA, II, Respondent. (Action No. 3.) ROBERT H. MAZZA, II, Respondent, v. JEFFREY C. McFALL, Appellant. (Action No. 4.)

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

Decided July 3, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the verdict is reinstated.

Memorandum:

Robert H. Mazza, II, a defendant in action Nos. 1 and 2, the sole defendant in action No. 3 and the plaintiff in action No. 4, was involved in a collision while traveling in a vehicle with Jeffrey C. McFall, a defendant in action Nos. 1 and 2, the plaintiff in action...

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