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BONFORTE v. M.K.'S LANDSCAPING OF LIBERTY, LLC

2013-09007, Index No. 14735/10.

131 A.D.3d 910 (2015)

15 N.Y.S.3d 850

2015 NY Slip Op 06702

MICHAEL L. BONFORTE et al., Appellants, v. M.K.'s LANDSCAPING OF LIBERTY, LLC et al., Respondents, et al., Defendant.

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

Decided September 2, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Michael L. Bonforte (hereinafter the injured plaintiff) allegedly was injured when a sport utility vehicle (hereinafter SUV) in which he was a passenger was struck by a tractor trailer, collided with a guardrail, and went over an embankment. The tractor trailer was owned by the defendant M.K.'s Landscaping of Liberty, LLC, and operated by the defendant Joseph D. Finkle (hereinafter...

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