NATIONAL INTERSTATE v. A.J. MURPHY COMPANY, INC.


9 A.D.3d 714 (2004)

780 N.Y.S.2d 430

NATIONAL INTERSTATE, as Subrogee of UPSTATE TRANSIT, INC., Respondent, v. A.J. MURPHY COMPANY, INC., et al., Appellants. (And a Third-Party Action.) (Action No. 1.)

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

July 19, 2004.


CARPINELLO, J.

These cases stem from a multiple motor vehicle accident on Interstate 87, a three lane highway, in Saratoga County during a January 1999 snowstorm. The essential facts are not in dispute. Two Upstate Transit, Inc. buses were traveling southbound, one behind the other, on the afternoon in question. The lead bus was being operated by George M. McCormick while the second bus was operated by Charles P. Foster. A tractor trailer driven by Walter H. Cookson...

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