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LaBUDA v. LaBUDA

527571.

174 A.D.3d 1013 (2019)

104 N.Y.S.3d 751

2019 NY Slip Op 05366

Peter LaBuda, Appellant, v. Frank LaBuda, Respondent.

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

Decided July 3, 2019.

In July 2017, plaintiff commenced a personal injury action (hereinafter the prior action) alleging that, on September 25, 2016, defendant operated an all-terrain vehicle (hereinafter ATV) on plaintiff's property without permission and struck plaintiff twice with the ATV. The complaint (hereinafter the first complaint) included a cause...

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