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BIXBY v. EDDY

167 A.D.2d 51 (1991)

Jon P. Bixby et al., Appellants, v. Alice Eddy et al., Respondents

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

May 30, 1991

Attorney(s) appearing for the Case

Robert J. Simpson for appellants.

Chernin & Gold (Sam P. Monachino of counsel), for respondents.

WEISS, J. P., and YESAWICH, JR., JJ., concur with MERCURE, J.; LEVINE and HARVEY, JJ., dissent and vote to reverse in an opinion by LEVINE, J.

MERCURE, J.

Plaintiffs commenced this action alleging, inter alia, defendants' negligence in causing physical injuries and property damage sustained when a motorcycle driven by plaintiff Jon P. Bixby slid off a curve and turned on its side. The matter came on for trial and, at the conclusion of plaintiffs' case, Supreme Court dismissed the complaint pursuant to CPLR 4401. Plaintiffs appeal.

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