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PAYNE v. R-D MAINTENANCE UNLIMITED, INC.

937 CA 09-02103.

77 A.D.3d 1298 (2010)

907 N.Y.S.2d 762

ALMA D. PAYNE et al., Appellants, v. R-D MAINTENANCE UNLIMITED, INC., et al., Defendants, and JOSEPH E. SMITH, Doing Business as JES ENTERPRISES, Respondent.

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

Decided October 1, 2010.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the amended complaint and cross claims against defendant Joseph E. Smith, doing business as JES Enterprises, are reinstated.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Alma D. Payne (plaintiff) in a motor vehicle accident. Plaintiff was driving northbound in the left lane of Military Road near a...

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