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PORTELLI v. GARCIA

195 Misc.2d 217 (2003)

756 N.Y.S.2d 415

GIOVANNI PORTELLI et al., Plaintiffs, v. BERNARDO A. GARCIA et al., Defendants.

Supreme Court, Nassau County.

March 5, 2003.

Attorney(s) appearing for the Case

White, Fleischner & Fino, LLP, New York City (Alisa Dultz of counsel), for Vigliotti Enterprises, LLC, defendant.

Flanzig & Flanzig, LLP, Mineola (Cathy Flanzig of counsel), for Giovanni Portelli and another, plaintiffs.

Lawrence N. Rogak, Oceanside, for Bernardo A. Garcia and others, defendants.

OPINION OF THE COURT

DANIEL PALMIERI, J.

The motion of defendant Vigliotti Enterprises for summary judgment pursuant to CPLR 3212 is granted and as to said defendant only, the complaint and all cross claims are dismissed.

This is an action for personal injuries sustained by plaintiff Giovanni Portelli and his wife, Carmela Portelli, derivatively as a result of an accident which took place on August 23, 1999, at approximately 7:45 A.M., on the south...

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