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ARCISZEWSKI v. T-D MGT. CORP.

2013-10540

123 A.D.3d 856 (2014)

999 N.Y.S.2d 834

2014 NY Slip Op 08795

DAVID ARCISZEWSKI, Appellant, v. T-D MANAGEMENT CORP. et al., Respondents.

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

Decided December 17, 2014.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

In September 2011, the plaintiff was driving a moped traveling westbound on Eliot Avenue at its intersection with 71st Street in Queens. He allegedly was injured when a vehicle operated by the defendant Joseph Masotti and owned by the defendant T-D Management Corp. (hereinafter...

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