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GARCEA v. BATTISTA

CA 07-00103.

2008 NY Slip Op 06044

LORI GARCEA, AS PARENT AND NATURAL GUARDIAN OF DANIELLE KASINOWSKI, PLAINTIFF-RESPONDENT, v. ALLEN M. BATTISTA, ET AL., DEFENDANTS, MARK D. RIVOLI, MICHAEL B. RIVOLI, AND THE GATES PUB, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

PANZARELLA & COIA, P.C., ROCHESTER (CHAD M. HUMMEL OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

CHAMBERLAIN D'AMANDA OPPENHEIMER & GREENFIELD LLP, ROCHESTER (MICHAEL A. SCIORTINO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, FAHEY, AND PERADOTTO, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking to recover damages for injuries sustained by her daughter while she was a passenger in a vehicle allegedly owned by Roseanna Battista, registered to Remo A. Battista, and driven by Allen M. Battista (collectively, Battista defendants). Plaintiff's daughter was injured when the vehicle left the roadway and collided with two...

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