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McELROY v. SIVASUBRAMANIAM

305 A.D.2d 944 (2003)

761 N.Y.S.2d 688

JENNIFER L. McELROY, an Infant, by CATHERINE R. McELROY, Her Mother and Guardian, et al., Appellants, v. VISAHASAN SIVASUBRAMANIAM et al., Respondents.

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

Decided May 29, 2003.

Rose, J.

On December 21, 1999, a taxicab driven by defendant Julianne V. Dickinson and owned by defendant Black & White Cab Systems, Inc. (hereinafter collectively referred to as the taxicab defendants) stopped suddenly and was struck from behind by a vehicle operated by defendant Visahasan Sivasubramaniam. Plaintiffs, who were passengers in the taxicab, commenced this action against defendants seeking to recover damages for their injuries. Following discovery...

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