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GRUBER v. DONALDSONS, INC.

2019-06502 Index No. 613224/18.

201 A.D.3d 887 (2022)

162 N.Y.S.3d 393

2022 NY Slip Op 00405

Kevin W. Gruber et al., Respondents-Appellants, v. Donaldsons, Inc., Appellant-Respondent, et al., Defendants.

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

Decided January 26, 2022.

Attorney(s) appearing for the Case

LaBonte Law Group, PLLC, Jericho, NY (Scott H. Mandel of counsel), for appellant-respondent.

Clare M. Sproule, Wantagh, NY, for respondents-appellants.

Kelly, Rode & Kelly, LLP, Mineola, NY (Eric P. Tosca of counsel), for defendants.

Duffy, J.P., Connolly, Hinds-Radix and Genovesi, JJ., concur.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

On October 6, 2014, a vehicle registered to Kevin Gruber and being driven by Thomas Difolco was involved in an accident with a motorcycle driver who allegedly suffered serious injuries. The motorcycle driver commenced a personal injury action against Gruber and Difolco. The defendant Russo & Tambasco (hereinafter...

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