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BAKER v. JOYAL

4 A.D.3d 596 (2004)

771 N.Y.S.2d 269

CAROL BAKER, Appellant, v. NICOLE JOYAL, Defendant, and FRANKLYN AKEY, Respondent.

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

February 5, 2004.

Rose, J.

Plaintiff commenced this personal injury action against defendant Franklyn Akey (hereinafter defendant) and defendant Nicole Joyal alleging negligence in the operation of each of their respective motor vehicles. Prior to trial, plaintiff settled her claim against Joyal and discontinued the action against her. Plaintiff then proceeded to trial against defendant and offered evidence that Joyal's eastbound vehicle overtook and struck the rear of defendant's...

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