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GERSTER'S TRIPLE E. TOWING & REPAIR, INC. v. PISHON TRUCKING, LLC

530332, 530340, 531641.

196 A.D.3d 876 (2021)

151 N.Y.S.3d 524

2021 NY Slip Op 04265

Gerster's Triple E. Towing and Repair, Inc., Respondent, v. Pishon Trucking, LLC, et al., Appellants.

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

Decided July 8, 2021.

Attorney(s) appearing for the Case

Umoh Law Firm, PLLC, New York City ( Uwem Umoh of counsel), for appellants.

Saunders Kahler, LLP, Utica ( Merritt S. Locke of counsel), for respondent.

Lynch, J.P., Aarons and Colangelo, JJ., concur.

In 2013, a tractor trailer operated by defendant Pishon Trucking, LLC and owned by defendant Biniam Ghebreselassie was traveling on Interstate 88 in Delaware County when it went off the road and rolled over, thereby injuring the driver and causing its cargo—2,880 cases of peanut butter—to spill onto the roadway. The State...

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