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DIAZ v. TUMBIOLO

2012-10371, Index No. 11328/11.

111 A.D.3d 877 (2013)

975 N.Y.S.2d 761

2013 NY Slip Op 7930

LINDA J. DIAZ, as Administratrix of the Estate of JENNY PARINO, Also Known as JENNY MARIE DAPRINO, Deceased, Respondent, v. CARA L. TUMBIOLO, Appellant, and ANGELA COMMISSO, Respondent.

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

Decided November 27, 2013.

In an action to recover damages for personal injuries and wrongful death, the defendant Cara L. Tumbiolo appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Gazzillo, J.), dated July 24, 2012, as denied that branch of her motion which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against her.

Ordered that the order is affirmed insofar...

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