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LUDWIG v. VAN HORN

2017-04894. Index No. 5178/16.

178 A.D.3d 815 (2019)

115 N.Y.S.3d 65

2019 NY Slip Op 08842

Rudolph Ludwig, Appellant, v. Carl Van Horn et al., Respondents. (And a Third-Party Action.).

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Charles Kannebecker , Port Jervis, NY, for appellant.

Thomas K. Moore ( Andrea G. Sawyers , Melville, NY [ David R. Holland ], of counsel), for respondents.

Balkin, J.P., Cohen, Miller and LaSalle, JJ., concur.

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

The plaintiff and the defendant Carl Van Horn were involved in a motor vehicle accident on August 3, 2013, in Westfall Township, Pennsylvania. Van Horn was driving a vehicle owned by the defendant Charles Hockenberry, Jr. The plaintiff was a resident of Pennsylvania, while the defendants were residents of New York.

On July 29, 2016, almost three years after the accident, the plaintiff...

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