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FITZGERALD v. LYONS

39 A.D.2d 473 (1972)

Maynard W. Fitzgerald, Respondent, v. Thomas J. Lyons, Appellant

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

October 26, 1972.

Attorney(s) appearing for the Case

O'Connor, Wilkin, Good & Lopat (William J. Wilkin of counsel), for appellant.

Manz, Manz & Diviak (Victor E. Manz of counsel), for respondent.

GOLDMAN, P. J., DEL VECCHIO, CARDAMONE and HENRY, JJ., concur.

MARSH, J.

Plaintiff alleges in his complaint that he was proceeding south on the Buffalo Skyway near Fuhrmann Boulevard in Buffalo when the defendant struck the rear of his vehicle and injured him. The answer generally denies the allegations of the complaint and it is averred as an affirmative defense that at the time of the accident defendant was a City of Buffalo employee; that he was in the course of his...

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