Ordered that the order is affirmed, with costs.
The uncontroverted facts of this case are that the appellant's car broke down on Route 9 in Tarrytown, New York and, with assistance, she moved the car out of traffic and parked it. The appellant went to a nearby restaurant to telephone for help. When she was unable to reach anyone, she returned to the car, gathered her belongings and left the car to go home. While crossing Route 9, she was struck by another car and...
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