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PECK v. TUSCAN DAIRY FARMS, INC.

169 A.D.2d 1027 (1991)

Richard W. Peck et al., Appellants, v. Tuscan Dairy Farms, Inc., Respondent

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

January 31, 1991

Casey, J. P.

In 1985 plaintiff was employed as a truck driver for C & D Van Horn. The truck was used by plaintiff to pick up bulk milk at farms and haul it to defendant's facilities in New Jersey. On September 26, 1985, plaintiff was exiting State Route 17 in Orange County, making a "hairpin" turn, with a load of 45,000 pounds of milk. Plaintiff downshifted and applied the brakes. He testified that as...

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