ACKERT v. DAVID

507329

68 A.D.3d 1238 (2009)

2009 NY Slip Op 8937

888 N.Y.S.2d 918

RITA ACKERT, Respondent, v. FRANCIS R. DAVID et al., Defendants, and KENNETH L. THOMAS III, Appellant.

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

Decided December 3, 2009.


McCarthy, J.

Plaintiff brought this action for injuries sustained as a passenger in a car driven by her husband which collided with a trailer pulled by a farm tractor operated by defendant Francis R. David and owned by defendant Kenneth L. Thomas III, David's employer. Thomas appeals the denial of his motion pursuant to CPLR 3211 (a) (7) for an order dismissing plaintiff's complaint against him.

Thomas argues that, as the owner of a tractor used exclusively...

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