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AARON v. FISH-BONES TOWING, INC.

6240, 103685/10

90 A.D.3d 452 (2011)

933 N.Y.S.2d 862

2011 NY Slip Op 8816

PETER AARON et al., Respondents, v. FISH-BONES TOWING, INC., et al., Defendants, and THE DOE FUND, INC., Appellant.

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

Decided December 8, 2011.

Summary judgment was not premature, where plaintiff Peter Aaron was allegedly injured when, as he was locking his bicycle to a signpost on a sidewalk, he was run over by an unoccupied moving van, owned by defendant the Doe Fund, Inc., that broke free from a tow truck owned by defendant Fish-Bones Towing and operated by defendant Gonzalez. Doe Fund's claimed need for discovery as to the injured plaintiff's alleged negligence is unsupported by facts suggesting that relevant...

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