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WEISS v. DURSO

2017-07359. Index No. 27022/11.

178 A.D.3d 880 (2019)

111 N.Y.S.3d 863

2019 NY Slip Op 08890

Christine Weiss et al., Respondents, v. Joan A. Durso et al., Appellants, et al., Defendant.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Law Offices of Richard M. Sands, P.C., Freeport, NY ( Jared S. Behr of counsel), for appellants.

Suris & Associates, P.C., Melville, NY ( Raymond J. Suris , Brian T. Murtha , and Susan R. Nudelman of counsel), for respondents.

Scheinkman, P.J., Rivera, Chambers and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff Christine Weiss (hereinafter the injured plaintiff), and her husband suing derivatively, commenced this action to recover damages for personal injuries allegedly sustained by the injured plaintiff in a motor vehicle accident on October 7, 2009. The defendants Joan A. Durso and Michael D. Durso (hereinafter together the moving defendants) moved for summary judgment dismissing the complaint on the ground...

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