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PRIESTER v. FRANGAKIS

690 CA 20-01686.

198 A.D.3d 1295 (2021)

155 N.Y.S.3d 247

2021 NY Slip Op 05199

Lisa Priester et al., Individually and as Husband and Wife, Respondents, v. Angelica Frangakis, Defendant. Aspire of Western New York, Respondent, and Willcare, Appellant.

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

Decided October 1, 2021.

Attorney(s) appearing for the Case

FELDMAN KIEFFER, LLP, BUFFALO ( SARAH RODMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

HOGAN WILLIG, PLLC, AMHERST ( RYAN C. JOHNSEN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

GOLDBERG SEGALLA LLP, BUFFALO ( MEGHAN M. BROWN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Smith, Lindley, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Lisa Priester (plaintiff) when the vehicle in which she was a passenger was involved in a motor vehicle accident. Plaintiff, who uses a wheelchair due to quadriplegia, was a participant in the New York State Consumer Directed Personal Assistance Program (CDPAP), which provided plaintiff with...

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