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SMITH v. DACA TAXI, INC.

222 A.D.2d 209 (1995)

634 N.Y.S.2d 476

Harry Smith, Respondent, v. Daca Taxi, Inc., et al., Appellants

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

December 5, 1995

Plaintiff Harry Smith was seriously injured when the motorcycle on which he was riding was struck by an automobile, operated by defendant Randolph Hargrove and owned by defendant Daca Taxi, Inc. Hargrove, a mechanic who was performing service on the taxi cab, was test-driving the automobile when it struck — or was struck by — plaintiff's motorcycle. On October 25, 1991, plaintiff commenced a lawsuit against defendant Hargrove by serving him at the address stated...

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