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PIPITONE v. PITITTO

2019-06585. Index No. 606388/16.

189 A.D.3d 1093 (2020)

133 N.Y.S.3d 916

2020 NY Slip Op 07408

Jennifer Pipitone, Respondent, v. Thomas Pititto, Jr., Defendant, and Dormer King, Inc., Appellant.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Picciano & Scahill, P.C., Bethpage, NY ( Keri A. Wehrheim of counsel), for appellant.

Robert F. Danzi , Jericho, NY ( Christine Coscia of counsel), for respondent.

Chambers, J.P., Cohen, LaSalle and Iannacci, JJ., concur.

Ordered that order is affirmed insofar as appealed from, with costs.

On September 30, 2015, a vehicle operated by the plaintiff was struck in the rear by a vehicle owned and operated by the defendant Thomas Pititto, Jr. At the time of the accident, Pititto was employed by the defendant Dormer King, Inc. (hereinafter Dormer King). Pititto testified at his deposition that he used the vehicle he was operating at the time of the accident for work-related purposes with...

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