MARTIN v. SCHWARTZ


308 A.D.2d 318 (2003)

766 N.Y.S.2d 13

JANELLE MARTIN, Respondent, and RADAMES ACEVEDO, Appellant, v. NANCI SCHWARTZ, Respondent.

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

Decided September 4, 2003.


On November 11, 1999, plaintiff Radames Acevedo was a passenger in a car owned and operated by plaintiff Janelle Martin when a collision occurred with a car owned and operated by defendant Nanci Schwartz. Martin and Acevedo brought this action for injuries allegedly suffered by each of them against Schwartz, who, in addition to denying the essential allegations of the complaint, counterclaimed against Martin, claiming that any injuries that may have been suffered by Acevedo...

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