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COSMANO v. ARNOLD

801328/2017.

59 Misc.3d 669 (2018)

70 N.Y.S.3d 811

2018 NY Slip Op 28069

ANTONIO COSMANO et al., Plaintiffs, v. EDWARD J. ARNOLD et al., Defendants.

Supreme Court, Erie County.

Decided February 2, 2018.

Attorney(s) appearing for the Case

Law Offices of J. Michael Hayes, Buffalo ( J. Michael Hayes of counsel), for plaintiffs.

Brown & Kelly, LLP, Buffalo ( Renata Kowalczuk of counsel), for Edward J. Arnold, defendant.

Rupp Baase Pfalzgraf Cunningham LLC, Buffalo ( Thomas Cunningham of counsel), for Trade Credit Insurance Agency, LLC, defendant.

OPINION OF THE COURT

Procedural Posture

By notice of motion dated December 8, 2017, the plaintiffs demand summary judgment against the defendants on liability, including negligence, proximate cause and serious injury, along with dismissal of the affirmative defense of comparative negligence. Further, plaintiffs...

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