PURCELL v. M.L. BRUENN CO., INC.

2014-04306, Index No. 59029/12.

125 A.D.3d 739 (2015)

GAIL PURCELL et al., Respondents, v. M.L. BRUENN CO., INC., et al., Appellants.

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

Decided February 11, 2015.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' converted motion which was for summary judgment dismissing the second cause of action is granted.

The complaint in this action alleged, among other things, that the plaintiff Gail Purcell was injured in an automobile accident. The plaintiffs alleged that they gave notice of the accident to the defendants, who, it is undisputed, were agents of the...

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