TROJAHN v. O'NEILL


5 A.D.3d 472 (2004)

773 N.Y.S.2d 99

THOMAS TROJAHN et al., Respondents, v. RICHARD C. O'NEILL, Defendant, and CITIBANK, N.A., Appellant.

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

March 8, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Citibank, N.A., and the action against the remaining defendant is severed.

The decedent, Nelly Trojahn, and her infant daughter, Melissa Trojahn, were walking in a parking lot owned by the defendant Citibank, N.A. (hereinafter Citibank), when they were struck by a car owned and operated by the defendant Richard O'Neill...

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