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RYAN v. TOWN OF RIVERHEAD

No. 006837/2006, Motion No. 004-MG., 005-WDN

2010 NY Slip Op 30661 (U)

ANNE L. RYAN, AS ADMINISTRATRIX OF THE ESTATE OF WILLIAM ANTHONY STONE, and ANNE L. RYAN, INDIVIDUALLY, JOSEPH WOWAK, JUNE T. BEHR, AS ADMINISTRATRIX OF THE ESTATE OF HEIDI J. BEHR, DECEASED and JUNE T. BEHR, INDIVIDUALLY, Plaintiffs, v. TOWN OF RIVERHEAD, ERIC MAAS, JOHN WHITE, WINE SERVICES, INC. & RIVERHEAD VOLUNTEER AMBULANCE CORP., INC., Defendants.

Supreme Court, Suffolk County.

March 23, 2010.

Attorney(s) appearing for the Case

DAVIS & HERSH, LLP, By: Harry D. Hersh, Esq. Anne L. Ryan, as Administratrix of the Estate of William Anthony Stone and Anne L. Ryan, individually, 1345 Motor Parkway, Islandic, NY 11749, Attys. for Plaintiffs.

JOHANNESEN & JOHANNESEN, PLLC By: Richard Johannesen, Esq. Glen Meyer, as Administrator of the Estate of Joseph R. Wowak 544 Business Route 25A Rocky Point, NY 11778, Attys. for Plaintiff.

THOMAS G. NOLAN, ESQ. June T. Behr, as Administratrix of the Estate of Heidi J. Behr, deceased and June T. Behr, individually, Union Square, P.O. Box 826 Aquebogue, NY 11931, Atty. for Plaintiffs

SLEDJESKI & TIERNEY, PLLC By: Brian A. Andrews, Esq. Town of Riverhead and Eric Maas 18 First Street, P.O. Box 479 Riverhead, NY 11901, Attys. for Defendants.

TORINO & BERNSTEIN, PC By: Kenneth A. Bernstein, Esq. John White and Wine Services, Inc., 200 Old Country Road, Suite 220, Mineola, NY 11501, Attys. for Defendants

FUREY, FUREY, LEVERAGE, MANZIONE & WILLIAMS, PC By: Frank Catelli, Esq. Riverhead Volunteer Ambulance Corp., Inc., 600 Front Street, Hempstead, NY 11550, Attys. for Defendant.

JOHN J.J. JONES, Judge.

ORDERED that this motion by Town of Riverhead and Eric Maas, defendants in this consolidated action, for an order granting leave to amend their answer(s) to add an affirmative defense invoking the qualified privilege under Vehicle and Traffic Law § 1104 (e) is granted, and the defendants shall serve their amended answer(s) within twenty (20) days from the date of this order; and it is further

ORDERED that the separate...

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