TOWN v. SIDIYAHYA

1498 CA 09-00670

68 A.D.3d 1719 (2009)

2009 NY Slip Op 9806

891 N.Y.S.2d 806

TODD A. TOWN et al., Appellants, v. NINA C. SIDIYAHYA et al., Defendants, and LAKE SHORE PAVING, INC., Respondent. (Appeal No. 2.).

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

Decided December 30, 2009.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion of defendant Lake Shore Paving, Inc. is denied and the amended complaint against that defendant is reinstated.

Memorandum: Plaintiffs commenced this action seeking damages for injuries they sustained when the vehicle driven by plaintiff husband in which plaintiff wife was a passenger was rear-ended by another vehicle while plaintiffs were entering...

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