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GUTIERREZ v. CNS RECYCLING, INC.

284 A.D.2d 497 (2001)

726 N.Y.S.2d 460

DIANE R. GUTIERREZ et al., Plaintiffs, v. CNS RECYCLING, INC., et al., Respondents, FRANCO VERBANAC et al., Appellants, et al., Defendant. (Action No. 1.) DORIS PACAK, Plaintiff, v. QUEENS SURFACE CORP. et al., Appellants, CNS RECYCLING, INC., et al., Respondents, et al., Defendants. (Action No. 2.)

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

Decided June 25, 2001.

Ordered that the order is affirmed, with costs.

The parties in these actions were involved in a multiple-car collision on the Long Island Expressway. Prior to the commencement of the actions, the defendant Franco Verbanac commenced a separate personal injury action against the defendant CNS Recycling, Inc. Verbanac was granted summary judgment on the issue of liability in that action, and CNS Recycling, Inc., subsequently settled the case with him. In the present...

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