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HALBINA v. BREGE

41 A.D.3d 1218 (2007)

838 N.Y.S.2d 288

MARIE HALBINA, Individually and as Legal Guardian of M.H, an Infant, Appellant, v. WILLIAM C. BREGE et al., Appellants, and JAMES T. BUCKI et al., Respondents. (Action No. 1). ERIC BREGE, Appellant, v. MEGAN BREGE et al., Appellants, and JAMES T. BUCKI et al., Respondents. (Action No. 2.) (And Two Other Actions.)

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

Decided June 8, 2007.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaints and cross claims in action Nos. 1 and 2 against defendants James T. Bucki and International Waste Removal, Inc. are reinstated.

Memorandum:

Marie Halbina, individually and as legal guardian of her son, commenced action No. 1 seeking damages for injuries sustained by her son while he was a passenger...

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