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MORTIMER v. LYNCH

119 A.D.2d 558 (1986)

Sara Mortimer, Respondent, v. Kenneth D. Lynch et al., Appellants. (And Another Title.)

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

April 7, 1986

Order affirmed, with costs.

On November 16, 1979, the defendant driver Keith B. Lynch, a volunteer fire fighter, while en route to the firehouse in response to an alarm, struck and seriously injured Daniel Boyle, a pedestrian, who suffers from cerebral palsy and severe mental retardation. The defendant driver and his codefendant, the owner of the vehicle he was driving, moved for summary judgment.

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