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DURHAM v. NEW YORK EAST TRAVEL, INC.

2 A.D.3d 1113 (2003)

769 N.Y.S.2d 324

CHARLES W. DURHAM et al., Appellants, v. NEW YORK EAST TRAVEL, INC., et al., Respondents.

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

December 18, 2003.

Carpinello, J.

Plaintiff Linda Durham (hereinafter plaintiff) and her husband, derivatively, commenced this action to recover for personal injuries she sustained when her motor vehicle was rear-ended by defendant Gedney J. Gorgrant, who, in turn, had been rear-ended by a van owned by defendant New York East Travel, Inc. and operated by defendant Tai An Kim. Gorgrant moved, and the remaining defendants cross-moved, for summary...

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