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ROSADO v. REDLAND BRICK, INC.

8969N, 20373/06.

2013 NY Slip Op 00051

MARIA ROSADO, Plaintiff, THERESA CHRISTMAS, AN INFANT UNDER THE AGE OF FOURTEEN BY HER GUARDIAN AD LITEM, VIRGINIA O'DONNELL-McNAMARA, ET AL., Plaintiffs-Respondents, v. REDLAND BRICK, INC., ETC., ET AL., Defendants-Appellants, NICOLIA INDUSTRIES, INC., ET AL. Defendants.

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

Decided January 8, 2013.

Attorney(s) appearing for the Case

Lester, Schwab, Katz & Dwyer, LLP, New York ( Steven B. Prystowsky of counsel), for State Material & Masonry Supply Corp., appellant.

Michelle S. Russo, P.C., Port Washington ( Michelle S. Russo of counsel), for respondents.

Before: Tom, J.P., Andrias, Freedman, Román, Gische, JJ.

This action arises from a multi-car motor vehicle accident that occurred in New Jersey, and resulted in the deaths of three members of the Christmas family and injury to plaintiff Rosado, a resident of the Bronx. Plaintiff Rosado commenced an action in Bronx County, and plaintiffs-respondents, representing the surviving child of the Christmas family and the estates of the deceased members of the family, subsequently commenced two actions in Queens County. In December 2008...

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