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CANCELLARO v. SHULTS

Index No. 06-41

2009 NY Slip Op 30561 (U)

ROBERT CANCELLARO, as Guardian ad Litem for DESTANY CANCELLARO and JAZZMINE GOMEZ, Plaintiff, v. JOHN R. SHULTS, III, THE CITY OF KINGSTON and ANGELINA VELEZ, Defendants.

Supreme Court of the State of New York, Ulster County.

February 5, 2009

Attorney(s) appearing for the Case

Basch & Keegan, LLP, Kingston, NY, (Derek J. Spada, Esq., of Counsel), Attorneys For Plaintiff.

Friedman, Hirschen & Miller, LLP, John R. Shults, III, Albany, NY, (Carolyn B. George, Esq., of Counsel), Attorneys For Defendant.

Cook, Netter, Cloonan, Kurtz & Murphy, P.C., Kingston, NY, (Robert D. Cook, Esq., of counsel), Attorneys For The City of Kingston.

DECISION/ORDER

George B. Ceresia, Jr., Justice

The above-captioned action arises out of a very serious motor vehicle accident which occurred on Hurley Avenue in the City of Kingston, New York on December 21, 2004 at approximately 8:42 a.m. of that day. Angelina Velez ("Velez") was operating her motor vehicle in a southerly direction on Hurley Avenue. With her were her two children, the infant plaintiffs, Destany Cancellaro (then age 1), and Jazzmine Gomez...

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