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CRUZ v. VALENTINE PACKAGING CORP.

2016-12697. Index No. 6668/14.

167 A.D.3d 707 (2018)

89 N.Y.S.3d 316

2018 NY Slip Op 08462

Maxmillion I. Cruz et al., Plaintiffs, v. Valentine Packaging Corp. et al., Respondents, and Marcus D. Rivera et al., Appellants.

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

Decided December 12, 2018.

Ordered that the order is affirmed insofar as appealed from, with costs.

A vehicle owned by the defendant Marcus D. Rivera and operated by the defendant Pedro A. Cruz-Pena (hereinafter the Rivera/Cruz-Pena vehicle) was struck in the rear by a van owned by the defendant Valentine Packaging Corp., and operated by the defendant Clayton A. Harris. The plaintiffs were passengers in the Rivera/Cruz-Pena vehicle. The plaintiffs subsequently commenced this action against...

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