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CHEESE v. FERGUSON

2021-00444. Index No. 714144/18.

208 A.D.3d 1302 (2022)

176 N.Y.S.3d 64

2022 NY Slip Op 05308

Garth D. Cheese, Appellant, v. Paul W. Ferguson et al., Respondents.

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

Decided September 28, 2022.

Attorney(s) appearing for the Case

Andrew Park, PC, New York, NY, for appellant.

Lester Schwab Katz & Dwyer, LLP, New York, NY ( Paul M. Tarr of counsel), for respondents.

Dillon, J.P., Maltese, Wooten and Genovesi, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

On March 16, 2018, the plaintiff allegedly was injured in a motor vehicle accident that occurred on the Long Island Expressway. The defendant Paul W. Ferguson (hereinafter the defendant driver) was operating a vehicle owned by the defendant Island Transport Corp. that was heading eastbound on the Long Island Expressway in...

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