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ELMER v. KRATZER

267 A.D.2d 1073 (1999)

700 N.Y.S.2d 349

MICHAEL J. ELMER, Respondent, v. GERALD F. KRATZER et al., Appellants, et al., Defendant.

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

Decided December 30, 1999.

Order unanimously reversed on the law without costs, motion granted and amended complaint against defendants Gerald F. Kratzer and Jevic Transportation, Inc. dismissed.

Memorandum:

Plaintiff commenced this action seeking damages for personal injuries he sustained after his motorcycle collided with a tractor-trailer (see, Elmer v Kratzer, 249 A.D.2d 899, appeal dismissed 92 N.Y.2d 921). Supreme Court erred in...

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