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EDWARD PAIGE, JR., Plaintiff, v. ERNEST ROCCO, Defendant. (Action No. 1.) EDWARD PAIGE, JR., Respondent,

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted.

The portions of the appellant's reply brief which argue that: (1) the accident at issue was caused by the attempt of the plaintiff to grab the steering wheel of the automobile driven by Ernest Rocco, and (2) the Supreme Court erred, during summation, in preventing the appellant from referring to a report in evidence regarding this matter, are stricken from the reply brief because they were raised for the first time in the reply brief (see, State Farm Fire Gas Co. v LiMauro, 103 A.D.2d 514, 521-522, affd 65 N.Y.2d 369). Sullivan, J.P., Copertino, Hart and Krausman, JJ., concur.

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PAIGE v. ROCCO
(Apr 17, 1995)