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SCHLANGER v. DOE

504049.

2008 NY Slip Op 06247

ROBERT L. SCHLANGER, Respondent-Appellant, v. JOHN DOE, as Agent of BEST GENERAL RENTAL, ET AL., Appellants-Respondents, and DEREK A. BONSE, Respondent.

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

Decided and Entered: July 10, 2008.

Attorney(s) appearing for the Case

Callahan & Fusco, L.L.C., New York City (Christopher G. Fusco of counsel), for John Doe and another, appellants-respondents.

Maimone & Associates, P.L.L.C., Mineola (Thomas J. Maimone of counsel), for Volvo Construction Equipment North America, Inc., appellant-respondent.

Basch & Keegan, L.L.P., Kingston (Eli B. Basch of Basch & Keegan, L.L.P., Kingston and Cynthia Feathers of Arroyo, Copland & Associates, Albany, of counsel), for respondent-appellant.

Law Office of Mary Audi Bjork, Middleton (Amy L. Schaefer of counsel), for respondent.

Before: Spain, J.P., Lahtinen, Kane, Malone Jr. and Stein, JJ.

MEMORANDUM AND ORDER

MALONE, Jr., J.

Plaintiff commenced this personal injury action to recover damages for injuries that he sustained as a result of a motor vehicle accident that occurred on US Route 9W in the Town of Ulster, Ulster County, in June 2003. Immediately prior to the accident, defendant John Doe, an employee of defendant Best General Rental, was traveling in the right northbound lane, driving a tractor trailer transporting a backhoe owned by...

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