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DOMINGUEZ v. FONTANELLA

304502/2008

26 Misc.3d 1079 (2009)

896 N.Y.S.2d 572

SERGIO DOMINGUEZ, JR., an Infant, by FRANCISCA DOMINGUEZ, His Mother and Natural Guardian, et al., Plaintiffs, v. LYN FONTANELLA et al., Defendants.

Supreme Court, Bronx County.

Decided July 31, 2009.

Attorney(s) appearing for the Case

Law Office of Mary A. Bjork, Harrison (Erica Cohn of counsel), for Lyn Fontanella, defendant.

Morgan Melhuish Abrutyn, New York City (Erin O'Leary of counsel), for Pedro Fabian, defendant.

Gorayeb & Associates, P.C., New York City (Gail Mota of counsel), for plaintiffs.

OPINION OF THE COURT

LUCY BILLINGS, J.

I. Background

Plaintiffs sue to recover for personal injuries and loss of services sustained January 6, 2007, when a motor vehicle owned and operated by defendant Fabian, in which plaintiff Sergio Dominguez, Jr. was a passenger, struck the rear of a motor vehicle owned and operated by defendant Fontanella while traveling on the Hutchinson River Parkway in Westchester County. Fontanella moves for...

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