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SWARTZ v. KALSON

1232 CA 10-01003.

78 A.D.3d 1553 (2010)

910 N.Y.S.2d 630

DERRICK A. SWARTZ et al., Respondents, v. VICTOR F. KALSON et al., Appellants.

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

Decided November 12, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking, inter alia, damages for injuries sustained by plaintiff Derrick A. Swartz (plaintiff) when the vehicle he was operating collided with a vehicle operated by defendant Victor F. Kalson. Contrary to the contention of defendants, Supreme Court properly denied those parts of their motion seeking summary judgment dismissing the...

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