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ALPERIN v. HERWERTH

2017-03997, Index No. 7463/14.

162 A.D.3d 832 (2018)

75 N.Y.S.3d 264

2018 NY Slip Op 04519

Jeffrey Alperin, Appellant, v. Theodore Herwerth, Respondent.

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

Decided June 20, 2018.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained when a vehicle he was driving was struck by a vehicle driven by the defendant. The defendant moved for summary judgment dismissing the complaint on the ground that the plaintiff did...

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