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JOHN v. LEYBA

38 A.D.3d 496 (2007)

831 N.Y.S.2d 488

ERMA JOHN, Respondent, v. JOSE R. LEYBA et al., Respondents, and OSWALD A. ALLEN et al., Appellants.

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

Decided March 6, 2007.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff was a passenger in a vehicle owned by the defendant Deloris Allen and operated by the defendant Oswald A. Allen (hereinafter Allen). The Allen vehicle was struck in the rear by a vehicle owned by the defendant Valentin Leiba and operated by the defendant Jose R. Leyba after Allen concededly "slammed" on his brakes. At...

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