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BROWN v. ASKEW

1137 CA 20-00284.

202 A.D.3d 1501 (2022)

2022 NY Slip Op 00795

Timothy Brown, Respondent, v. Jason E. Askew, Respondent, and Well Timed Transport, Inc., Appellant. (Appeal No. 1.)

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

Decided February 4, 2022.

Attorney(s) appearing for the Case

BARTH SULLIVAN BEHR, BUFFALO ( DOMINIC M. CHIMERA OF COUNSEL), FOR DEFENDANT-APPELLANT.

CELLINO LAW LLP, BUFFALO ( JEANNA M. CELLINO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

LAW OFFICE OF JENNIFER S. ADAMS, WILLIAMSVILLE ( REBECCA POSTEK OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Peradotto, Carni and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: Plaintiff Timothy Brown commenced a negligence action against defendant/plaintiff Jason E. Askew and defendant Well Timed Transport, Inc. (Well Timed), and Askew commenced a separate negligence action against Well Timed, each seeking to recover damages for injuries that he sustained in a multivehicle accident. The accident occurred in the afternoon on a section of Interstate...

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