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ZIZERSKY v. LIFE QUALITY INC.

21 Misc.3d 871 (2008)

866 N.Y.S.2d 501

HAYA ZIZERSKY et al., Plaintiffs, v. LIFE QUALITY MOTOR SALES, INC., et al., Defendants.

Supreme Court, Kings County.

October 14, 2008.

Attorney(s) appearing for the Case

White Fleischner & Fino, LLP, New York City (Marisa J. Okun of counsel), for Life Quality Motor Sales, Inc., and others, defendants.

James G. Bilello & Associates, Westbury, for Symantha J. Mitchell, defendant.

Schwartz Goldstone & Campisi, New York City (Joseph Campisi of counsel), for plaintiffs.

OPINION OF THE COURT

JACK M. BATTAGLIA, J.

On August 2, 2007, plaintiff Haya Zizersky was driving her 1998 Ford when it collided with a 2008 BMW driven by defendant Symantha J. Mitchell. The BMW was owned by either defendant BMW of North America, LLC or BMW Financial Services NA, LLC, and had been delivered to Ms. Mitchell by defendant Life Quality Motor Sales, Inc., a BMW dealer, for her use while her vehicle was being serviced by the dealer. The verified...

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