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MALPELI v. YENNA

2010-00223.

81 A.D.3d 607 (2011)

915 N.Y.S.2d 628

GARY MALPELI, Respondent, v. ANNABELLE YENNA, as Executrix of BARTHOLOMEW J. YENNA, Deceased, Defendant, and BARTHOLOMEW C. YENNA, Appellant.

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

Decided February 24, 2011.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Bartholomew C. Yenna for summary judgment dismissing the complaint insofar as asserted against him is granted.

The plaintiff, Gary Malpeli, along with Bartholomew J. Yenna (hereinafter the decedent), and the defendant Bartholomew C. Yenna (hereinafter Yenna) were returning by car to Long Island from Iowa. The decedent owned the car. Although the three men knew that the trip...

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