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CALPO-RIVERA v. BRADY

2016-02298. Index No. 2861/13.

163 A.D.3d 910 (2018)

82 N.Y.S.3d 72

2018 NY Slip Op 05440

Joseph Calpo-Rivera, Respondent, v. Amanda G. Brady et al., Appellants.

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

Decided July 25, 2018.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion pursuant to CPLR 4404 (a) is denied.

A vehicle driven by the then-50-year-old plaintiff was stopped at the intersection of Route 27 and Fifth Avenue South in Islip on May 30, 2012, when the vehicle was hit in the rear by a vehicle driven by the defendant Amanda G. Brady. At the ensuing damages trial...

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