CRAMER v. KUHNS


213 A.D.2d 131 (1995)

630 N.Y.S.2d 128

Susan G. Cramer, Respondent, v. Mark W. Kuhns et al., Appellants

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

July 27, 1995


Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy, Knauf, Warner & Ruslander, Albany (Mary Beth Hynes of counsel), for Mark W. Kuhns, appellant.

Thorn & Gershon, Albany (Arthur H. Thorn of counsel), and Lester, Schwab, Katz & Dwyer, New York City (Eric A. Portuguese of counsel), for Harley Davidson Motor Company, Inc., appellant.

Roemer & Featherstonhaugh, P. C., Albany (Matthew J. Kelly of counsel), for respondent.

MIKOLL, J. P., CASEY, YESAWICH JR. and SPAIN, JJ., concur.


CREW III, J.

On May 24, 1987, plaintiff was a passenger on a 1982 Harley Davidson Roadster motorcycle operated by defendant Mark W. Kuhns. While making a sweeping left-hand turn at approximately 50 miles per hour, plaintiff and Kuhns heard a scraping sound at which time the motorcycle, instead of continuing the turn, went straight ahead into the guardrail. An investigation following the accident revealed a long...

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