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SABATINO v. CAPCO TRADING, INC.

27 A.D.3d 1019 (2006)

813 N.Y.S.2d 237

ANTHONY SABATINO et al., Plaintiffs, v. CAPCO TRADING, INC., et al., Defendants and Third-Party Plaintiffs-Appellants. JOHN GENO et al., Third-Party Defendants-Respondents.

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

March 30, 2006.

Mugglin, J.

Plaintiffs commenced this action for personal injuries suffered when their vehicle ran into the rear of a John Deere pay loader owned by defendant Capco Trading, Inc. and operated by its sole shareholder, officer and employee, defendant Robert L. Bourgeois. Plaintiffs then commenced a separate declaratory judgment action against defendants and John Geno, Howard Crary and Howard Crary Associates (hereinafter...

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