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KUCHER v. DAIMLERCHRYSLER

9 Misc.3d 45 (2005)

802 N.Y.S.2d 298

BARRY E. KUCHER, Appellant, v. DAIMLERCHRYSLER CORPORATION, Respondent, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

July 6, 2005.

Attorney(s) appearing for the Case

Sadis & Goldberg LLC, New York City (Douglas R. Hirsch of counsel), for appellant.

Rose Law Firm, PLLC, Albany (Jon B. Waldorf and Justin E. Proper of counsel), for respondent and defendant.

Eliot Spitzer, Attorney General, New York City (Michelle Aronowitz, Thomas G. Conway, Jane M. Azia, Matthew J. Barbaro, Stephen Mindell and Herbert Israel of counsel), amicus curiae.

PESCE, P.J., PATTESON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Appeal from order unanimously dismissed.

Judgment insofar as appealed from unanimously reversed without costs, order dismissing complaint as against defendant DaimlerChrysler Corporation vacated, defendant DaimlerChrysler Corporation's motion to dismiss the action denied, and matter remanded to the court below for the entry of judgment in favor of plaintiff as against...

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