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GRUBER v. DONALDSONS, INC.

2019-06502 Index No. 613224/18.

201 A.D.3d 887 (2022)

162 N.Y.S.3d 393

2022 NY Slip Op 00405

Kevin W. Gruber et al., Respondents-Appellants, v. Donaldsons, Inc., Appellant-Respondent, et al., Defendants.

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

Decided January 26, 2022.

Attorney(s) appearing for the Case

LaBonte Law Group, PLLC, Jericho, NY ( Scott H. Mandel of counsel), for appellant-respondent.

Clare M. Sproule , Wantagh, NY, for respondents-appellants.

Kelly, Rode & Kelly, LLP, Mineola, NY ( Eric P. Tosca of counsel), for defendants.

Duffy, J.P., Connolly, Hinds-Radix and Genovesi, JJ., concur.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

On October 6, 2014, a vehicle registered to Kevin Gruber and being driven by Thomas Difolco was involved in an accident with a motorcycle driver who allegedly suffered serious injuries. The motorcycle driver commenced a personal injury action against Gruber and Difolco. The defendant Russo & Tambasco (hereinafter...

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