MERY v. EGINGER

2015-04104, Index No. 7594/12.

149 A.D.3d 827 (2017)

2017 NY Slip Op 02784

49 N.Y.S.3d 905

JOHN P. MERY et al., Appellants, v. FRANK EGINGER, Defendant, and SOCIETY OF FRIENDS CHURCH, Also Known as the POUGHKEEPSIE MONTHLY MEETING OF THE RELIGIOUS SOCIETY OF FRIENDS and Another, Respondent.

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

Decided April 12, 2017.


Ordered that the order is affirmed, with costs.

This personal injury action arises out of an accident that took place near property owned by the defendant Society of Friends Church, also known as the Poughkeepsie Monthly Meeting of the Religious Society of Friends, also known as Friends Meeting (hereinafter the Church). The plaintiff John P. Mery (hereinafter the injured plaintiff) was driving a truck with a window open on a road near the Church's property. He heard...

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