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ROZZ v. VILLAGE AUTO BODY

2010-2236 N C

35 Misc.3d 13 (2012)

942 N.Y.S.2d 310

2012 NY Slip Op 22035

DONALD ROZZ, Appellant, v. VILLAGE AUTO BODY WORKS, INC., Respondent.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

Decided February 9, 2012.

Attorney(s) appearing for the Case

Louis Rosado , Buffalo, for appellant. Hammill, O'Brien, Croutier, Dempsey, Pender & Koehler, P.C., Syosset ( Anton Piotroski of counsel), for respondent.

MOLIA, J.P., NICOLAI and IANNACCI, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover for damage to his vehicle, which was sustained on October 24, 2009. On the small claims complaint form, plaintiff alleged that his son, who was driving plaintiff's vehicle on the Seaford Oyster Bay Expressway, "collid[ed]" with a license plate which was lying in the roadway, following which his son lost control...

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