RIOS v. NICOLETTA


119 A.D.2d 562 (1986)

Raymond Rios et al., Appellants, v. Gerald Nicoletta, Respondent

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

April 7, 1986


Order affirmed, with costs.

The plaintiffs' claims are based upon injuries sustained when a vehicle owned and operated by the defendant Gerald Nicoletta ran into the plaintiff Raymond Rios, who was standing behind his disabled vehicle. At the time of the accident the plaintiff Raymond Rios' vehicle was located in the right-hand lane of the roadway, where it had been stopped after it had developed a flat tire. In his opposing affidavit, the defendant claimed that prior...

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