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CUCINELLA v. COOPER

82 Misc.2d 877 (1975)

Mark Cucinella, Plaintiff, v. William D. Cooper et al., Defendants.

Supreme Court, Monroe County.

August 4, 1975

Attorney(s) appearing for the Case

Martin L. Lawrence for plaintiff. Sullivan, Gough, Skip-worth, Summers & Smith (Roy H. Lockwood of counsel), for William D. Cooper and another, defendants.

JOSEPH G. FRITSCH, J.

This is a motion by defendants for an order dismissing plaintiff's complaint for failure to state a cause of action pursuant to CPLR 3211 and section 671 of the Insurance Law.

The plaintiff, a passenger on a motorcycle owned and operated by the defendant Lowrey was injured when the motorcycle collided with a motor vehicle operated by the defendant William D. Cooper. The thrust of...

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