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MARX v. KESSLER

1241 CA 16-00467.

145 A.D.3d 1618 (2016)

2016 NY Slip Op 08764

43 N.Y.S.3d 826

CARRIE MARX, Individually and as Administratrix of the Estate of JUDITH B. MARX, Deceased, et al., Appellants, v. LYNN M. KESSLER, Defendant, and BERNARD M. SHEVLIN, Respondent. (Action No. 1.) (And Another Action.)

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

Decided December 23, 2016.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: The plaintiffs in action No. 1, Carrie Marx (plaintiff) and Patric A. Marx (Marx) (collectively, plaintiffs), commenced this negligence action seeking damages for injuries sustained by Marx and injuries resulting in the death of plaintiff's decedent when the vehicle operated by the plaintiff in action No. 2, in which Marx and decedent were passengers, was rear-ended...

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