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LA PLANT v. CUTLIP

258 A.D.2d 769 (1999)

685 N.Y.S.2d 840

DAVID A. LA PLANT et al., Individually and as Parents and Guardians of MATTHEW J. LA PLANT, an Infant, and as Joint Administrators of the Estate of MARCUS A. LA PLANT, Deceased, Appellants, v. JAMES F. CUTLIP et al., Defendants, and A. ROTONDO & SONS, INC., et al., Respondents.

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

Decided February 11, 1999.

Cardona, P. J.

On June 24, 1993, a tractor-trailer driven by defendant James F. Cutlip and owned by Cutlip's employer, defendant Crown Truck Leasing, Inc. (hereinafter Crown), rear-ended plaintiffs' vehicle on State Route 41 in the Town of Homer, Cortland County. At the time of the accident, the tractor-trailer was leased to defendant A. Rotondo & Sons, Inc. (hereinafter defendant) and transporting defendant's products...

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