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RODMAN v. DEANGELES

NO. 522813

148 A.D.3d 119 (2017)

47 N.Y.S.3d 747

2017 NY Slip Op 01260

TROY J. RODMAN, Appellant, v. FRANK J. DEANGELES, Respondent.

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

Decided February 16, 2017.

Attorney(s) appearing for the Case

Lynn Law Firm, LLP, Syracuse ( Patricia A. Lynn-Ford of counsel), for appellant.

Law Office of Keith D. Miller, Liverpool ( Keith D. Miller of counsel), for respondent.

MCCARTHY, J.P., LYNCH and AARONS, JJ., concur with Clark, J.; Rose, J., dissents in a separate opinion.

OPINION OF THE COURT

Appeals (1) from an order of the Supreme Court (Rumsey, J.), entered December 9, 2015 in Cortland County, which granted defendant's motion to set aside a verdict in favor of plaintiff and dismissed the complaint, and (2) from the judgment entered thereon.

On June 7, 2011, defendant's vehicle struck...

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