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FRUTCHEY v. FELICITA

11 N.Y.3d 764 (2008)

DAMON FRUTCHEY, an Infant, by GREGG FRUTCHEY, His Parent and Guardian, et al., Appellants, v. JACQUELINE FELICITA, Defendant, and MICHAEL V. DeLOSA et al., Respondents.

Court of Appeals of the State of New York.

Decided September 11, 2008.

Attorney(s) appearing for the Case

Friedlander, Friedlander & Arcesi, P.C., Waverly (William S. Friedlander of counsel), for appellants.

Coughlin & Gerhart LLP, Binghamton (Keith A. O'Hara of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the motion by defendants Michael V. DeLosa and Allen's Plumbing, Heating and Air Conditioning, Inc. for summary judgment denied. Plaintiffs raised triable issues of fact concerning whether (1) defendant DeLosa acted negligently in traveling at an excessive speed and in following too closely to Nichols's vehicle, given the road and weather conditions and...

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