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BAILEY v. PENNDOT EAN HOLDINGS, LLC

2018-12889. Index No. 500152/18.

174 A.D.3d 844 (2019)

103 N.Y.S.3d 310

2019 NY Slip Op 05951

Shareen S. Bailey, Respondent, v. Penndot Ean Holdings, LLC, et al., Respondents, and Elvin D. Portillo et al., Appellants.

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

Decided July 31, 2019.

Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

On December 13, 2017, the plaintiff was a passenger in a vehicle operated by the defendant Vancito Edwards and owned by the defendant Penndot Ean Holdings, LLC. While traveling westbound on the Brooklyn-Queens Expressway, that vehicle allegedly swerved and struck a guardrail, causing it to "spin back" into the flow of traffic where...

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