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RUCKER v. ALLIS

288 A.D.2d 822 (2001)

732 N.Y.S.2d 493

SUSAN J. RUCKER, as Administratrix of the Estate of MICHAEL J. RUCKER, Deceased, Respondent, v. VIRGINIA E. ALLIS et al., Defendants, and BERNARD POTTER et al., Appellants.

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

Decided November 9, 2001.

Order unanimously reversed on the law without costs, motion denied, cross motions granted and complaint and cross claims against defendants Bernard Potter and Town of Somerset dismissed.

Memorandum:

Plaintiff commenced this action to recover for the alleged conscious pain and suffering and wrongful death of Michael J. Rucker (decedent), whose motorcycle collided head-on with a minivan operated by defendant Virginia E. Allis on a highway maintained by defendant...

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