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WOOD v. NEFF

250 A.D.2d 225 (1998)

683 N.Y.S.2d 612

Richard N. Wood, Respondent, v. Edgar L. Neff, Doing Business as J.R.'s Auto Repair, Formerly Known as A. M. Auto Repair, Appellant. (And a Third-Party Action.)

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

December 30, 1998

Attorney(s) appearing for the Case

Thaler & Thaler, Ithaca (Richard T. John of counsel), for appellant.

Williamson, Clune & Stevens, Ithaca (John H. Hanrahan, III, of counsel), for respondent.

MIKOLL, J. P., MERCURE, CREW III and PETERS, JJ., concur.

CARPINELLO, J.

On August 15, 1990, plaintiff was driving a dump truck owned by his employer, Norman Tidd, when the truck's left front tire blew out causing plaintiff to lose control of the vehicle. The truck rolled over several times ejecting plaintiff and his passenger. As a result of the accident, plaintiff was rendered a paraplegic. He commenced this action against defendant, owner of the automotive repair...

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