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RIDER v. SPEAKER

180 Misc.2d 999 (1999)

692 N.Y.S.2d 920

Lisa Rider et al., Plaintiffs, v. Laurie A. Speaker et al., Defendants. Michael Clarkin et al., Individually and as Parents and Natural Guardians of Michael Clarkin, Jr., Plaintiffs, v. Laurie A. Speaker et al., Defendants.

Supreme Court, Sullivan County.

May 24, 1999

Attorney(s) appearing for the Case

Cuddeback & Onofry, Port Jervis (Charles D. Onofry of counsel), for Michael Clarkin and another, plaintiffs. Marx & Aceste, L. L. P., White Plains (Vincent J. Aceste of counsel), for Lisa Rider and others, plaintiffs. Isserlis & Sullivan, Bethpage (Christine M. Shields of counsel), for Laurie A. Speaker, defendant. Voute, Lohvfink, Magro & Collins, L. L. P., White Plains (Elliot A. Cristanello of counsel), for John A. Strasser, Jr., and another, defendants. Lubinsky & Kessler, Goshen (Leonard Kessler of counsel), for Eldred Diner and others, defendants.

ANTHONY T. KANE, J.

Plaintiffs in action No. 2, Michael Clarkin and Bernadette Clarkin (hereafter the Clarkins), move this court for an order pursuant to CPLR 3025 adding Lisa Rider as a defendant in the above-entitled action; and/or striking defendants' affirmative defense of failure to employ a seat belt or child safety restraint; and/or precluding, in limine, any apportionment of fault to Lisa Rider...

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