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SMIEDALA v. HALF

56 A.D.3d 1200 (2008)

867 N.Y.S.2d 306

LESLIE SMIEDALA, Respondent, v. MICHAEL J. HALE, Respondent and Third-Party Plaintiff-Respondent, and DAVID A. ANDRZEJEWSKI, Appellant. DAVID A. ANDRZEJEWSKI, Third-Party Defendant-Appellant.

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

November 14, 2008.

Memorandum:

Plaintiff commenced this action seeking damages for injuries he sustained when the stopped vehicle in which he was a passenger was rear-ended by a vehicle owned and driven by defendant and third-party plaintiff, Michael J. Hale. Supreme Court properly denied that part of the motion of defendant and third-party defendant, David A. Andrzejewski, the driver of the vehicle in which plaintiff was a passenger, for...

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