ORTIZ v. FAGE USA CORP.

2008-10469

69 A.D.3d 914 (2010)

893 N.Y.S.2d 270

2010 NY Slip Op 659

Lucy ORTIZ et al., Appellants, v. FAGE USA CORP. et al., Respondents.

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

Decided January 26, 2010.


Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion for summary judgment on the issue of liability is granted.

On the afternoon of March 5, 2007, a motor vehicle operated by the plaintiff Lucy Ortiz (hereinafter the plaintiff) on 26th Avenue in Queens was struck from behind by a truck owned by the defendant Fage USA Corp. and operated by the defendant Yerquin Mercedes. After joinder of issue, the plaintiffs moved for summary judgment...

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