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PEREZ v. LEVINE

7 Misc.3d 29 (2005)

793 N.Y.S.2d 659

JOSE A. PEREZ et al., Respondents, v. ESTELLE LEVINE, Appellant, et al., Defendants.

Supreme Court, Appellate Term, First Department.

January 26, 2005.

Attorney(s) appearing for the Case

Leahey & Johnson, P.C., New York City (Peter James Johnson, Peter James Johnson, Jr., James P. Tenney and Kimberly Sparagna of counsel), for appellant.

Napoli, Kaiser, Bern & Associates, LLP and Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), for respondents.

Isserlis & Sullivan, Bethpage, and London Fischer, LLP, New York City (Richard L. Mendelsohn of counsel), for B.I. Chowdry, defendant.

SUAREZ, P.J., GANGEL-JACOB and SCHOENFELD, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Judgment entered April 8, 2003 reversed and the matter is remitted to Civil Court for a new trial, limited solely to the issues of liability and the apportionment of fault among the parties, with $30 costs to abide the event.

The negligence action arises from a multi-vehicle collision that occurred on the FDR Drive on the night of July 8, 1995. The trial evidence shows...

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