TUFANO v. NOR-HEIGHTS SERVICE CENTER, INC.


15 A.D.3d 470 (2005)

790 N.Y.S.2d 486

ANTONIO TUFANO et al., Respondents v. NOR-HEIGHTS SERVICE CENTER, INC., et al., Appellants, et al., Defendants.

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

February 14, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The plaintiff Antonio Tufano sustained physical injuries when a vehicle operated by the defendant Elizabeth DeBlasi failed to stop, allegedly due to brake failure, and collided with the rear of Tufano's vehicle. The brakes of the DeBlasi vehicle were

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