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LAMEY v. FOLEY

188 A.D.2d 157 (1993)

Daniel Lamey, Respondent, v. David Foley et al., Appellants, and Kawasaki Motors Corp. USA, Respondent. (Appeal No. 1.)

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

February 5, 1993

Attorney(s) appearing for the Case

O'Shea, Reynolds, Napier, Cummings & Kirby, Buffalo (Kenneth Kirby and Kevin J. Bauer of counsel), for appellants.

Faraci, Guadagnino, Lange & Johns, Rochester (Paul K. Lange and Carol A. McKenna of counsel), for Daniel Lamey, respondent.

Saperston & Day, P. C., Buffalo (Lawrence A. Schulz, Neil A. Goldberg and James S. Nowak of counsel), for Kawasaki Motors Corp. USA, respondent.

Lester Schwab Katz & Dwyer, New York City (Eric A. Portuguese of counsel), for Product Liability Advisory Council and another, amici curiae.

BOOMER, GREEN, BALIO and DAVIS, JJ., concur.

DENMAN, P. J.

On October 9, 1983, plaintiff Daniel Lamey was rendered a paraplegic as a result of an all-terrain vehicle (ATV) accident that occurred while he was performing a promotional stunt at the request of a television crew. The accident occurred at a race track at which a competition was later to take place among plaintiff and other professional ATV riders. As a result of his injuries, plaintiff commenced...

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