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HATHAWAY v. EASTMAN

11-100.

40 Misc.3d 707 (2013)

968 N.Y.S.2d 841

2013 NY Slip Op 23203

MATTHEW HATHAWAY, Plaintiff, v. BRIAN EASTMAN et al., Defendants.

Supreme Court, Cortland County.

June 21, 2013.

Attorney(s) appearing for the Case

Hiscock & Barclay, LLP, Syracuse ( Kevin M. Hayden of counsel), for Tyler Eaton, defendant. Law Office of Keith D. Miller, Liverpool ( Keith D. Miller of counsel), for Nicholas Rotchford, defendant. Levene Gouldin & Thompson, LLP, Binghamton ( David F. McCarthy of counsel), for Brian Eastman, defendant. Leonard & Van Donsel, Cortland ( Richard C. Van Donsel of counsel), for Frank Eastman II, defendant. Petrone & Petrone, P.C., Utica ( Janet F. Neumann of counsel), for Rachel Raymond, defendant. Stanley Law Offices, Syracuse ( Robert A. Quattrocci and Keith R. Young of counsel), for plaintiff.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

Plaintiff commenced this action seeking to recover for injuries that he sustained in a motor vehicle accident which occurred at approximately 10:40 p.m. on July 5, 2008 — a few days prior to his twentieth birthday — on Cold Brook Road in the Town of Scott. Prior to the accident, plaintiff and defendants had attended a Fourth of July party at the Clark residence on Cold Brook Road. The parties left...

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