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LEDOGAR v. FORBES

2010-00244.

84 A.D.3d 749 (2011)

922 N.Y.S.2d 508

ROSEANN McGLYNN LEDOGAR et al., Appellants, v. CAITLIN FORBES et al., Respondents.

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

Decided May 3, 2011.

Ordered that the judgment is reversed, on the law, with costs, the plaintiffs' motion to set aside the verdict is granted, the complaint is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for a new trial on the issue of liability.

On January 13, 2007, Thomas F. McGlynn (hereinafter the decedent) was operating his vehicle westbound on Church Street, in the Town of Islip, when he attempted to make...

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