Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the cross motion is granted and the complaint is dismissed as against the appellants.
The facts of this case were developed at pretrial depositions. At approximately 2 o'clock in the early morning of February 2, 1983, a vehicle crashed into a tree. The plaintiff, who was in the vicinity, heard the crash and drove to the scene of the accident with some friends....
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