CHIARELLO v. RIO

2014-10225, Index No. 20512/10.

152 A.D.3d 740 (2017)

2017 NY Slip Op 05805

59 N.Y.S.3d 129

MICHAEL CHIARELLO, an Infant, by His Mother and Natural Guardian, MARIANNE CHIARELLO, et al., Respondents, v. FRANK RIO et al., Defendants/Third-Party Plaintiffs-Appellants. ENCOMPASS INSURANCE COMPANY OF AMERICA, Third-Party Defendant-Respondent.

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

Decided July 26, 2017.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

On July 18, 2007, the infant plaintiff allegedly was injured while operating an off-road vehicle (hereinafter the subject vehicle) owned by the defendants third-party plaintiffs, Frank Rio and Lori Rio (hereinafter together the defendants). The infant plaintiff was a guest of the defendants' teenage son at...

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