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FLEMING v. GRAHAM

34 A.D.3d 525 (2006)

824 N.Y.S.2d 376

CEDRIC FLEMING et al., Plaintiffs, v. THOMAS GRAHAM et al., Defendants and Third-Party Plaintiffs-Respondents. PINSTRIPES GARMENT SERVICES, LLC, Third-Party Defendant-Appellant.

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

Decided November 14, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Cedric Fleming alleged that he sustained numerous injuries including severe disfiguring facial scarring when the vehicle in which he was a passenger, a dry cleaning delivery van owned by his employer, the third-party defendant, Pinstripes Garment Services, LLC (hereinafter Pinstripes), was involved in an accident with a school bus operated by Thomas Graham and

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