Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
In October of 1999, Eloina Valdes Clausell was struck and killed by an automobile driven by the defendant William Giambalvo. Eloina's son, Robert Valdes Clausell (hereinafter the plaintiff), commenced this action in his capacity as administrator of her estate and in his individual capacity. On April 21, 2004...
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