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BYRNE v. OESTER TRUCKING, INC.

No. 03 Civ. 2335(CBM).

386 F.Supp.2d 386 (2005)

John BYRNE, Plaintiff, v. OESTER TRUCKING, INC. and Joseph Calvin Drake Defendant.

United States District Court, S.D. New York.

June 29, 2005.

Attorney(s) appearing for the Case

Joseph Scarglato, Morris, Duffy, alonso & Faley, LLP, Matthew Jude Vitucci, New York City, for Defendant.

MEMORANDUM OPINION AND ORDER

MOTLEY, District Judge.

I. BACKGROUND

A. Introduction

This action stems from an accident that occurred on the Long Island Expressway in July of 2002. Plaintiff John Byrne alleges that he sustained serious injuries and damage to his property resulting from defendant Oester Trucking, Inc.'s tractor-trailer sideswiping plaintiff's Jeep.

B. Procedural History

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