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CHIARIZIA v. XTREME RYDZ CUSTOM CYCLES

43 A.D.3d 1353 (2007)

842 N.Y.S.2d 117

RICHARD CHIARIZIA, Appellant, v. XTREME RYDZ CUSTOM CYCLES et al., Defendants, and FOURNIER'S AUTOMOTIVE, INC., Doing Business as XTREME RYDZ OF ORLANDO, Respondent.

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

Decided September 28, 2007.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action seeking damages for injuries he sustained when the handlebars of his motorcycle broke off while he was riding it. Plaintiff purchased the motorcycle in Florida from Fournier's Automotive, Inc., doing business as Xtreme Rydz of Orlando (defendant), and at that time he signed a document entitled "Disclaimer...

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