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SCHOSEK v. AMHERST PAVING, INC.

CA 07-00928.

2008 NY Slip Op 06022

TODD SCHOSEK, AS ADMINISTRATOR OF THE ESTATE OF JESSE J. SCHOSEK, DECEASED, AND KELLY SCHOSEK, AS ADMINISTRATOR OF THE ESTATE OF CAROL L. SCHOSEK, DECEASED, PLAINTIFFS-APPELLANTS, v. AMHERST PAVING, INC. AND COUNTY OF ERIE, DEFENDANTS-RESPONDENTS.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

MICHAEL L. KOBIOLKA, EDEN, FOR PLAINTIFF-APPELLANT TODD SCHOSEK, AS ADMINISTRATOR OF THE ESTATE OF JESSE J. SCHOSEK, DECEASED.

MICHAEL G. COOPER, HAMBURG, FOR PLAINTIFF-APPELLANT KELLY SCHOSEK, AS ADMINISTRATOR OF THE ESTATE OF CAROL L. SCHOSEK, DECEASED.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (BRIAN A. MAC DONALD OF COUNSEL), FOR DEFENDANT-RESPONDENT AMHERST PAVING, INC.

PRESENT: SMITH, J.P., LUNN, FAHEY, PINE, AND GORSKI, JJ.

It is hereby ORDERED that said appeals from the order insofar as it dismissed the cross claims are dismissed and the order is affirmed without costs.

Memorandum: Plaintiffs commenced these consolidated actions seeking damages arising out of a motor vehicle accident that occurred in the Town of Eden. Plaintiff Kelly Schosek's decedent allegedly lost control of her vehicle when she drove onto the shoulder of the road and attempted to return to the traveled portion of...

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