Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint insofar as asserted against Steve Carnesi is reinstated.
Early in the morning of January 21, 2001 the defendant William Gallagher lost control of the Jeep Wagoneer (hereinafter the Wagoneer) he was driving and struck a telephone pole. The two passengers in the Wagoneer, brothers Bernard Murphy and Patrick Murphy, were killed. The three men had spent the previous evening...
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