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BOEHM v. BARNABA

7 A.D.3d 911 (2004)

776 N.Y.S.2d 633

HENRY R. BOEHM et al., Respondents, v. ANTHONY J. BARNABA et al., Defendants, and UNCLE SAM BOAT TOURS, INC., Appellant.

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

May 13, 2004.

Peters, J.

Plaintiffs Henry R. Boehm and Gordon L. Pebler were struck by a car when they were standing in a public street reading an easel-type sign posted by defendant Uncle Sam Boat Tours, Inc. (hereinafter USBT) on its sidewalk. After the commencement of this personal injury action against defendant Anthony J. Barnaba as the driver of the car, defendant Isadora M. Strabo, as the owner of the car, and USBT, USBT moved for summary judgment proffering the pleadings...

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