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MILLER v. HOWARD

1342 CA 15-00460.

134 A.D.3d 1537 (2015)

4 N.Y.S.3d 462

2015 NY Slip Op 09741

ALEX C. MILLER, Appellant, v. KIRK HOWARD, et al., Defendants, AMORE'S USED CARS & REPAIRS, Inc., Defendant-Appellant, and COUNTY OF CATTARAUGUS, Respondent.

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

Decided December 31, 2015.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he was a passenger in a motor vehicle operated by Kirk Howard (defendant). Plaintiff alleged in the complaint, inter alia, that defendant County of Cattaraugus (County) was negligent in maintaining the county road where the accident occurred and that defendant Amore's Used...

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