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FRANCO v. RIZZO

61 A.D.3d 818 (2009)

877 N.Y.S.2d 415

NICOLAS FRANCO et al., Respondents, v. ANTHONY J. RIZZO et al., Appellants, and ELOISE A. PRICE et al., Respondents. (Action No. 1.) JOSEPH A. FRANCO, JR., Respondent, v. COUNTY OF SUFFOLK et al., Appellants. (Action No. 2.)

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

Decided April 21, 2009.

Ordered that the order is reversed insofar as appealed from, with one bill of costs payable by the respondents appearing separately and filing separate briefs, and the motions for summary judgment are denied.

These two actions arise out of a car accident in which a Suffolk County Police Department vehicle driven by Anthony J. Rizzo collided at an intersection with a vehicle owned by Eloise A. Price (hereinafter Price) and driven by Joseph A. Franco (hereinafter Franco...

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