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GALLO v. OTTEN

321.1 CA 23-01144.

2024 NY Slip Op 02454

ANTHONY P. GALLO, III, Plaintiff-Respondent, v. GERALD D. OTTEN, ELBERT VELDJESGRAAF, ADMIRAL-MERCHANTS MOTOR FREIGHT, INC., Defendants-Appellants, ET AL., Defendants.

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

Decided May 3, 2024.

Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( JUSTIN L. HENDRICKS OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

SMITH, MURPHY & SCHOEPPERLE, LLP, BUFFALO ( DENNIS P. MESCALL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: LINDLEY, J.P., MONTOUR, OGDEN, DELCONTE, AND HANNAH, JJ.

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered December 14, 2022. The order, inter alia, granted plaintiff's motion for summary judgment on the issue of the negligence of defendants Gerald D. Otten, Elbert Veldjesgraaf, and Admiral-Merchants Motor Freight, Inc., and seeking dismissal of those defendants' affirmative defenses based on plaintiff's alleged culpable conduct and assumption of the risk.

It is hereby ORDERED that the...

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