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BENGUIGUI v. RACER

2018-03355. Index No. 944/15.

198 A.D.3d 608 (2021)

152 N.Y.S.3d 347

2021 NY Slip Op 05318

Shoshana Benguigui, Appellant, v. Mark David Racer, Respondent, et al., Defendants.

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

Decided October 6, 2021.

Attorney(s) appearing for the Case

Lester B. Herzog , Brooklyn, NY, for appellant.

Pillinger Miller Tarallo, LLP, Elmsford, NY ( Robert J. Gironda of counsel), for respondent.

Dillon, J.P., Iannacci, Christopher and Wooten, JJ., concur.

Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated insofar as asserted against the defendant Mark David Racer, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of damages.

This action arises from a multivehicle accident on November 1, 2012. The plaintiff commenced the instant action against, among others, the defendant Mark David Racer (hereinafter...

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