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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46713 Justice Palmieri PLAINTIFF HAD an accident after his car was struck by a wheel that dislodged from defendant Long Island Railroad’s (LIRR) truck. The truck had, that day, been returned from service and a New York State inspection performed by co-defendant Dejana Truck and Utility Corp. Although Dejana claimed that none of the work performed involved wheel removal, it conceded that a state inspection requires the removal of a wheel to conduct a brake inspection. Although a vehicle’s owner has a duty to maintain the vehicle in good repair, the court denied summary judgment against the LIRR. It found that the LIRR was not negligent, as a matter of law, because there was no indication that there was any warning that the wheel might dislodge from its truck, which was regularly and frequently maintained. The court denied Dejana’s cross-motion to dismiss. It found that Dejana had a duty to perform maintenance work on the truck in a non-negligent manner and that a fact issue existed as to its negligence.

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