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FRANKLIN v. PORTER

190 A.D.2d 1036 (1993)

Donald R. Franklin, Sr., et al., Respondents, v. Timothy L. Porter et al., Defendants, and Ronald J. Cave et al., Individually and Doing Business as Cave's Variety Store, Appellants

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

February 5, 1993

Order unanimously affirmed with costs.

Memorandum:

On May 1, 1988, plaintiff Donald R. Franklin, Sr., was standing next to one of two gasoline pumps located in front of Cave's Variety Store. The pumps were partially in the right of way at the intersection of County Roads 380 and 324 in the Town of Stockton. Defendant Porter drove into the intersection and struck a van driven by defendant Waite, which van in turn struck plaintiff Donald Franklin, Sr., a gas...

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