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COMERFORD v. BROWN

2010-08502.

84 A.D.3d 1143 (2011)

923 N.Y.S.2d 873

SUSAN COMERFORD, Respondent, v. MARY E. BROWN et al., Defendants, MITCHELL SAMUELS, Respondent, and PINEBOURNE FARMS NORTH et al., Appellants. (Action No. 1.) MITCHELL SAMUELS, Respondent, v. MARY E. BROWN et al., Defendants, and PINEBOURNE FARMS NORTH et al., Appellants. (Action No. 2.)

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

Decided May 24, 2011.

Ordered that the order is reversed, on the law, with one bill of costs, and the appellants' motions for summary judgment dismissing the complaint and cross claims insofar as asserted against them in action No. 1, and the complaint insofar as asserted against them in action No. 2, are granted.

On March 10, 2007, at approximately 3:29 P.M., Susan Comerford was a passenger on a motorcycle owned and operated by Mitchell Samuels. At that time, the motorcycle came into...

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