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MIKELINICH v. CALIANDRO

2010-04484.

87 A.D.3d 99 (2011)

927 N.Y.S.2d 128

2011 NY Slip Op 5800

CHRISTOPHER MIKELINICH, Appellant, v. NICHOLAS CALIANDRO et al., Respondents.

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

Decided July 5, 2011.

Attorney(s) appearing for the Case

Rutberg & Associates, P.C. and Pollack, Pollack, Isaac & DeCicco ( Lawrence A. Breslow and Brian J. Isaac of counsel), New York City, for appellant.

Kornfeld, Rew, Newman & Simeone, Suffern ( Maurice J. Recchia of counsel), for respondents.

FLORIO, J.P., DICKERSON and LOTT, JJ., concur.

OPINION OF THE COURT

CHAMBERS, J.

The sole issue on this appeal is whether the owner of an all-terrain vehicle is barred under Vehicle and Traffic Law § 2411 from recovering damages for personal injuries to himself and damage to his property based on the alleged negligence of a permissive driver of that vehicle. We answer this question in the negative.

Factual Background

The plaintiff, Christopher Mikelinich, alleges that on May 3...

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