LUSCHER v. ARRUA


21 A.D.3d 1005 (2005)

801 N.Y.S.2d 379

CHARLES LUSCHER, an Infant, by ROSEMARY LUSCHER, His Mother and Natural Guardian, Respondent, v. ANIBAL ARRUA, Appellant.

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

September 19, 2005.


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

The plaintiff, Charles Luscher (hereinafter the injured plaintiff), was operating a motor vehicle that was involved in an accident with another vehicle operated by the defendant, Anibal Arrua (hereinafter the defendant driver), and allegedly suffered memory loss as a result of the accident. The defendant driver and his wife commenced an action to recover...

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