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UNITED PARCEL SERVICE, INC. v. AMERICAN MOTORISTS INSURANCE COMPANY

12 A.D.3d 437 (2004)

784 N.Y.S.2d 592

UNITED PARCEL SERVICE, INC., et al., Respondents v. AMERICAN MOTORISTS INSURANCE COMPANY et al., Appellants, et al., Defendants.

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

November 8, 2004.

Ordered that the order and judgment is affirmed, with costs.

In April 1995 Gonzalo A. Cruz commenced a personal injury action against, among others, United Parcel Service, Inc. (hereinafter UPS), AAA Truck Body Builders, Inc. (hereinafter AAA), and Modesto V. Estrella. In that action (hereinafter the Cruz action), Cruz sought damages for injuries he sustained in a car accident on the Brooklyn Queens Expressway on April 23, 1992. The Cruz vehicle was struck by a vehicle...

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