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GRABER v. BACHMAN

27 A.D.3d 986 (2006)

812 N.Y.S.2d 659

ABBE GRABER, Appellant, v. RICKY A. BACHMAN et al., Respondents.

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

March 23, 2006.

Peters, J.

On March 31, 2003, at approximately 1:30 A.M., a tractor trailer driven by defendant Ricky A. Bachman and owned by defendant MB Food Processing, Inc., veered off Route 42 in the Town of Thompson, Sullivan County, and struck plaintiff's home. At the time of the accident, plaintiff was sleeping in a room approximately three to four feet from the impact. Plaintiff was awakened when she heard "[a] tremendous roaring...

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