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RODRIGUEZ v. FILOMIO TRUCK SALES INC.

10 A.D.3d 507 (2004)

781 N.Y.S.2d 511

CARLOS RODRIGUEZ et al., Respondents, v. FILOMIO TRUCK SALES, INC., et al., Appellants. (And a Third-Party Action.)

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

September 9, 2004.

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered June 10, 2003, which, to the extent appealed from as limited by the briefs, denied defendants' motions for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motions granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Plaintiffs in this matter were injured in April 1996 while riding in a van owned by their...

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