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KOWALSKI v. OLIVER

No. 2018-12902. Index No. 19825/10.

189 A.D.3d 1199 (2020)

134 N.Y.S.3d 229

2020 NY Slip Op 07554

Colin D. Kowalski et al., Appellants, v. Linda Oliver et al., Defendants, and Russell Pollock, as Executor of the Estate of Howard X. Pollock, Deceased, Respondent.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Gold Benes, LLP, Bellmore, NY ( Christopher J. Benes of counsel), for appellants.

Lewis Johs Avallone Aviles, LLP, Islandia, NY ( Robert A. Lifson of counsel), for respondent.

Mastro, J.P., Roman, Hinds-Radix and Connolly, JJ., concur.

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

This action arises from a multivehicle accident which occurred in the late afternoon on September 23, 2010, on Sunrise Highway in Merrick. The injured plaintiff Colin D. Kowalski, and his wife suing derivatively, commenced the instant action against, among others, Howard X. Pollock (hereinafter the decedent) to recover damages for injuries Kowalski...

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