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LIPSCOMB v. COHEN

512888.

93 A.D.3d 1059 (2012)

942 N.Y.S.2d 235

2012 NY Slip Op 2149

ROYAL LIPSCOMB et al., Respondents, v. STEPHEN J. COHEN et al., Appellants.

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

Decided March 22, 2012.

LAHTINEN, J.

Plaintiff Royal Lipscomb (hereinafter plaintiff) and his wife, derivatively, commenced this action seeking damages for injuries allegedly sustained when plaintiff's car was struck from behind by a vehicle operated by defendant Stephen J. Cohen and owned by defendant Claude Cohen. Following discovery, plaintiffs moved for summary judgment on the issue of liability and defendants cross-moved for summary judgment dismissing the action on the ground that...

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