JOHNSON v. HUDSON RIV. CONSTR


3 Misc.3d 347 (2004)

773 N.Y.S.2d 264

CARLYNANN V. JOHNSON, Individually and as Administratrix of the Estate of WARREN D. JOHNSON, Deceased, Plaintiff, v. HUDSON RIVER CONSTRUCTION CO., INC., et al., Defendants. HUDSON RIVER CONSTRUCTION CO., INC., et al., Defendants and Third-Party Plaintiffs, v. URS GREINER, INC., Third-Party Defendant.

Supreme Court, Rensselaer County.

February 25, 2004.


Attorney(s) appearing for the Case

Napierski, Vandenburgh & Napierski, L.L.P., Albany (Christine M. Napierski of counsel), for Hudson River Construction Co., Inc., and another, defendants.

Flink, Smith & Associates, Latham (Jennifer Dominelli Lecakes of counsel), for Robert C. Higley and another, defendants.

Cade & Saunders, P.C., Albany (William J. Cade of counsel), for plaintiffs.

Webster Szanyi, L.L.P. Buffalo (Kevin A. Szanyi of counsel), for third-party defendant.


OPINION OF THE COURT

JAMES B. CANFIELD, J.

Defendants Hudson River Construction Co., Inc., Albany Asphalt & Aggregates Corp. (AAAC), and Robert C. Higley, individually and doing business as Bob Higley Trucking, move and cross-move for summary judgment dismissing plaintiff Carlynann V. Johnson, individually and as administratrix of the estate of Warren D. Johnson's cause of action for losses suffered by Johnson who was crushed by Higley's truck when it...

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