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PLANET INS. CO. v. GUNTHER

160 Misc.2d 67 (1993)

608 N.Y.S.2d 763

Planet Insurance Company et al., Plaintiffs, v. J. Eric Gunther et al., Defendants.

Supreme Court, Rockland County.

November 29, 1993

Attorney(s) appearing for the Case

Jones, Hirsch, Connors & Bull, New York City (Steven M. Kaplan of counsel), for plaintiffs. McCormack, Damiani, Lowe & Mellion, Bardonia (Charles E. Lynch of counsel), for J. Eric Gunther and another, defendants. Ginsberg, Becker & Weaver, New York City (Robert D. Becker of counsel), for Insurance Company of State of Pennsylvania, defendant. Joseph A. Maria, White Plains, for Peter R. DiNapoli, defendant. Robert Abrams, Attorney-General, Poughkeepsie (Kenneth L. Scheer of counsel), for New York State Thruway Authority and another, defendants. J. Russel Clune, P. C., Harrison (Sharon A. Scanlan of counsel), for Aetna Casualty & Surety Company and another, defendants. Levine, Glass & Miller, Monticello, for Roy Howard and another, defendants.

JOAN B. LEFKOWITZ, J.

FACTUAL AND PROCEDURAL BACKGROUND

Retail Express, Inc., an interstate carrier licensed by the Interstate Commerce Commission, and which is incorporated in New Jersey, executed a lease, as lessee, with TM Trucking, as lessor, a company located in the State of Pennsylvania. The lease pertained to a Mack tractor trailer combination and driver, defendant Charles Patterson. The lease...

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