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McCONVILLE v. REINAUER TRANSPORTATION COMPANIES, LP

40 A.D.3d 715 (2007)

835 N.Y.S.2d 711

EDWARD McCONVILLE et al., Respondents, v. REINAUER TRANSPORTATION COMPANIES, LP, et al., Appellants.

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

Decided May 8, 2007.

Ordered that the interlocutory judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Richmond County, for a new trial on the issue of liability, with costs to abide the event.

The defendants Reinauer Transportation Companies, LP, and Reinauer Transportation Companies, Inc. (hereinafter collectively Reinauer), correctly argue that the trial court erred in failing to charge the jury with the applicable...

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