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MANTON v. LAPE

2016-13273, Index No. 7259/13.

173 A.D.3d 731 (2019)

99 N.Y.S.3d 677

2019 NY Slip Op 04374

William J. Manton et al., Appellants, v. Irene B. Lape et al., Respondents.

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

Decided June 5, 2019.

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

The plaintiffs commenced this action, inter alia, to recover damages for personal injuries allegedly sustained by the plaintiff William J. Manton (hereinafter the injured plaintiff) in a motor vehicle accident. The defendants moved for summary judgment dismissing the complaint on the ground that the injured plaintiff did not...

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