NESTRO v. HARRISON

2009-08827.

78 A.D.3d 1032 (2010)

913 N.Y.S.2d 242

CHRISTOPHER NESTRO, Appellant, v. EVAN D. HARRISON et al., Respondents. (Action No. 1.) CHRISTOPHER SANABRIA, Appellant, v. EVAN D. HARRISON et al., Respondents. (Action No. 2.)

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

Decided November 23, 2010.


Ordered that the judgment is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate brief, the motions pursuant to CPLR 4401 for judgment as a matter of law on the issue of liability in actions Nos. 1 and 2 are denied, the complaints in actions Nos. 1 and 2 are reinstated, and a new trial is granted.

Christopher Nestro and Christopher Sanabria were both passengers in a vehicle operated by the defendant Evan...

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