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LEBERMAN v. INSTANTWHIP FOODS, INC.

534003.

207 A.D.3d 850 (2022)

172 N.Y.S.3d 169

2022 NY Slip Op 04341

William J. Leberman, as Trustee for the Bankruptcy Estate of Yvonne Hathaway, Respondent, v. Instantwhip Foods, Inc., et al., Appellants.

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

Decided July 7, 2022.

Attorney(s) appearing for the Case

Santacrose & Frary, Buffalo ( Sean A. Tomko of counsel), for appellants.

Stanley Law Offices, LLP, Syracuse ( Thomas Welch of counsel), for respondent.

Garry, P.J., Clark, Aarons and McShan, JJ., concur.

This personal injury action arises out of an accident that occurred on May 7, 2014, when Yvonne Hathaway, a truck driver employed by Willow Run Foods, Inc. (hereinafter Willow Run), was injured while in the process of delivering a load of dairy cargo in New York City. Hathaway commenced this action to recover for the shoulder and neck...

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