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SOMMA v. CASTELLANO

17 A.D.3d 568 (2005)

793 N.Y.S.2d 480

VICTOR G. SOMMA et al., Plaintiffs, v. MARLENA CASTELLANO et al., Defendants. (Action No. 1.) VICTOR G. SOMMA et al., Plaintiffs, v. ST. CHARLES HOSPITAL & REHABILITATION CENTER, Defendant. (Action No. 2.) STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Appellants, v. THOMAS A. GALLO et al., Appellants, and MARLENA CASTELLANO et al., Respondents. (Action No. 3.)

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

April 18, 2005.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting the cross motions of the defendant Marlena Castellano and the defendant Travelers Property and Casualty Insurance Company for summary judgment and substituting therefor provisions denying the cross motions; as so modified, the order is affirmed, with one bill of costs to the plaintiffs in action No. 3, and the matter is remitted to the Supreme...

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