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KELLER v. KRUGER

14274/10.

39 Misc.3d 720 (2013)

961 N.Y.S.2d 876

2013 NY Slip Op 23073

ROBERT W. KELLER et al., Plaintiffs, v. DOUGLAS KRUGER et al., Defendants. LOCKWOOD, KESSLER & BARTLETT, INC., Third-Party Plaintiff, v. TULLY CONSTRUCTION CO. INC., Third-Party Defendant.

Supreme Court, Kings County.

Decided March 14, 2013.

Attorney(s) appearing for the Case

David F. Everett for plaintiffs. Lester Schwab Katz & Dwyer, LLP ( Joshua M. Jemal of counsel), for Lockwood, Kessler & Bartlett, Inc., defendant and third-party plaintiff. Fabiani Cohen & Hall, LLP ( Todd A. Paradeis of counsel), for defendant and third-party defendant. Hannum Feretic Prendergast & Merlino, LLC ( John E. Hannum of counsel), for Douglas Kruger and another, defendants.

OPINION OF THE COURT

JACK M. BATTAGLIA, J.

On August 13, 2009, while high on crack cocaine, defendant Yolanda Silvera drove a vehicle, owned by defendant Douglas Kruger, into a portion of Rockaway Boulevard that was under construction, striking plaintiff Robert W. Keller, who was working as a "flagman" for defendant Tully Construction Co. Inc., and striking plaintiff Michael R. Hudson, who was a driver/equipment operator employed by nonparty Durso Transportation...

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