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PIERRE v. PROVIDENCE WASH INS.

99 N.Y.2d 222 (2002)

784 N.E.2d 52

754 N.Y.S.2d 179

STEVE PIERRE, Respondent, v. PROVIDENCE WASHINGTON INSURANCE COMPANY, Appellant.

Court of Appeals of the State of New York.

Decided December 12, 2002.

Attorney(s) appearing for the Case

Schindel, Farman & Lipsius, LLP, New York City (Laurence J. Rabinovich of counsel), for appellant.

Bertram Herman, P.C., East Norwich (Bertram Herman of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK and ROSENBLATT concur with Judge GRAFFEO; Judge WESLEY dissents and votes to modify in a separate opinion in which Judges SMITH and LEVINE concur.

OPINION OF THE COURT

GRAFFEO, J.

In November 1994, plaintiff Steve Pierre was injured when his vehicle was struck by a tractor-trailer driven by Steve Harris. Harris' employer, Preston Conquest, owned the tractor cab but the trailer was owned by Blue Hen Lines, a federally-registered motor carrier engaged in the business of transporting goods in interstate commerce. Conquest had leased the tractor to Blue...

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