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HAMILTON v. KHALIFE

27 A.D.3d 695 (2006)

810 N.Y.S.2d 912

LYNDA HAMILTON, Respondent, v. MICHAEL KHALIFE, Appellant, BMW FINANCIAL SERVICES NA, INC., Respondent, et al., Defendants. (And Two Related Actions.)

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

March 28, 2006.

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

This appeal arises as a result of an automobile accident which occurred on January 11, 1995 in which a vehicle driven by the plaintiff was struck by a vehicle driven by the defendant Michael Khalife. Khalife leased his car from the defendant BMW Financial Services NA, Inc. (hereinafter BMW). BMW settled with the plaintiff and asserted a cross claim...

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