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FOX v. McCLELLAN

231 CA 21-00469.

206 A.D.3d 1677 (2022)

169 N.Y.S.3d 455

2022 NY Slip Op 03819

James A. Fox, Respondent, v. James W. McClellan, Appellant.

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

Decided June 10, 2022.

Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( BRENT C. SEYMOUR OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM MATTAR, P.C., ROCHESTER ( MATTHEW J. KAISER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, NeMoyer, Curran and Bannister, JJ.

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

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he was struck by a vehicle operated by defendant. At the time of the accident, plaintiff was a member of a crew working on a road construction project. Defendant appeals from an order that denied his motion for summary judgment dismissing the amended complaint. We affirm.

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