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MURDZA v. ZIMMERMAN

99 N.Y.2d 375 (2003)

786 N.E.2d 440

756 N.Y.S.2d 505

STANLEY MURDZA, Appellant, v. ROBERT ZIMMERMAN, Defendant, and D.L. PETERSON TRUST et al., Respondents.

Court of Appeals of the State of New York.

Decided February 18, 2003.

Attorney(s) appearing for the Case

Burgett & Robbins, Jamestown (Mary Speedy Hajdu of counsel), for appellant.

Kenney, Kanaley, Shelton & Liptak, L.L.P., Buffalo (Michael J. Kanaley Jr. and Joanneke K.M. Brentjens of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

WESLEY, J.

Stanley Murdza, a Canadian resident, was injured when struck by a van as he walked across an intersection in Ellicottville, New York. The van, operated by Robert Zimmerman, had been entrusted to his girlfriend Margaret Scicchitano by her employer, Brown and Williamson Tobacco Corporation (B&W). The van was leased to B&W by its owners, D.L. Peterson Trust (the Trust) and PHH Fleet America Corporation (PHH). Although...

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