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HARRIS v. BALLARD

514406.

100 A.D.3d 196 (2012)

953 N.Y.S.2d 366

2012 NY Slip Op 7248

BRIAN GLENN HARRIS et al., Respondents, v. KAREN A. BALLARD, Appellant.

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

November 1, 2012.

Attorney(s) appearing for the Case

Melvin & Melvin, PLLC, Syracuse ( Susan E. Otto of counsel), for appellant.

Levene, Gouldin & Thompson, LLP, Binghamton ( David M. Gouldin of counsel), for respondents.

MERCURE, J.P., LAHTINEN, KAVANAGH and GARRY, JJ., concur.

OPINION OF THE COURT

ROSE, J.

Plaintiff Brian Glenn Harris (hereinafter plaintiff), a domiciliary of the province of New Brunswick, Canada, was driving a New Brunswick registered tractor trailer in New York when he was injured in a motor vehicle accident involving a vehicle driven by defendant, a New York domiciliary. Plaintiff thereafter applied for and received workers' compensation benefits in New Brunswick. In exchange for payment of those benefits,...

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