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ATTILIO v. GLADSTONE

174 Misc.2d 759 (1997)

667 N.Y.S.2d 233

Dominick Attilio, Plaintiff, v. Stanley Gladstone et al., Defendants.

Civil Court of the City of New York, Bronx County.

November 19, 1997

Attorney(s) appearing for the Case

Steven I. Lubowitz, New York City (Mary Y. J. Kim of counsel), for Stanley Gladstone, defendant. Virag & Virag, New York City (Thomas J. Chaves of counsel), for plaintiff.

RICHARD TOLCHIN, J.

Motion by defendant Gladstone seeking summary judgment and dismissal of the complaint as against him is decided as follows:

Pursuant to the undisputed facts as set forth in the amended summons and complaint dated January 20, 1997, on February 26, 1994 plaintiff was a passenger in a motor vehicle operated by defendant Scates and owned by defendant Nicastri. While travelling on the...

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