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GREENBERG v. NOLAN

CA 07-00777.

2008 NY Slip Op 06041

BORIS L. GREENBERG, AS ADMINISTRATOR OF THE ESTATE OF ALEXANDER GREENBERG, DECEASED, PLAINTIFF-RESPONDENT-APPELLANT, v. PAULINE D. NOLAN, RIDES UNLIMITED OF NIAGARA, INC., DEFENDANTS-RESPONDENTS, TOWN OF AMHERST, DEFENDANT-APPELLANT, ET AL., DEFENDANT.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

FRANCIS M. LETRO, ESQ., BUFFALO (KATHLEEN J. MARTIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

DE MARIE & SCHOENBORN, P.C., BUFFALO (JOSEPH DE MARIE OF COUNSEL), FOR DEFENDANT-APPELLANT.

DAMON & MOREY LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for the wrongful death and conscious pain and suffering of decedent resulting from a collision between a vehicle operated by decedent and a bus owned by defendant Rides Unlimited of Niagara, Inc. (Rides Unlimited). The bus was operated by defendant Pauline D. Nolan on a two-lane road maintained by defendant Town...

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