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BERNARD v. MUMUNI

22 A.D.3d 186 (2005)

802 N.Y.S.2d 1

KEVIN BERNARD et al., Respondents, v. MUSAH MUMUNI, Appellant, and SADAY ALLHASSAN, Respondent, et al., Defendant.

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

August 18, 2005.

Attorney(s) appearing for the Case

Kelly, Rode & Kelly, LLP, Mineola (Eric B. Betron of counsel), for appellant.

Gersowitz, Libo & Korek, P.C., New York City (Andrew L. Libo and Jeff S. Korek of counsel), for Kevin Bernard and others, respondents.

Martin, Fallon & Mullé, Huntington (Larry M. Shaw of counsel), for Saday Allhassan, respondent.

SAXE and NARDELLI, JJ., concur with FRIEDMAN, J.; TOM, J.P., and SWEENY, J., dissent in a separate opinion by SWEENY, J.

OPINION OF THE COURT

FRIEDMAN, J.

Plaintiff was injured in an accident involving a minivan owned by defendant Musah Mumuni. Prior to the accident, Mumuni had entrusted the minivan to his friend Osmanu Allhassan; at the time of the accident, the vehicle was being driven by Osmanu Allhassan's son, defendant Saday Allhassan, who did not hold a valid driver's license. As more fully discussed below, prior decisions...

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