ROSA v. AVERSO


305 A.D.2d 483 (2003)

759 N.Y.S.2d 526

IRAIDA ROSA et al., Respondents, v. ANTHONY P. AVERSO, Appellant.

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

Decided May 12, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiffs were traveling eastbound in the right-hand lane of Route 17 in Sullivan County when an unidentified vehicle struck their vehicle in the rear and caused the driver of the plaintiffs' vehicle to lose control. The plaintiffs' vehicle then moved from the right lane toward the left lane, eventually striking the guardrail separating the eastbound...

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