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BERGER v. DYKSTRA

203 A.D.2d 754 (1994)

610 N.Y.S.2d 401

Hope Berger, Individually and as Administratrix of The Estate of Morton Berger, Deceased, Respondent, v. Greg Dykstra et al., Defendants, and Centerline Distributors, Appellant. (And Another Related Action.)

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

April 21, 1994

Casey, J.

This wrongful death action arises out of an accident in which a motor vehicle owned and operated by defendant Greg Dykstra struck a vehicle operated by the decedent, Morton Berger. The complaint alleges that defendant Centerline Distributors was Dykstra's employer and that Dykstra was acting in the scope of his employment at the time of the accident. Centerline moved for summary judgment upon the ground that Dykstra was an independent contractor...

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