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EGAN v. PENSEK TRUCK LEASING CO.

228 A.D.2d 230 (1996)

643 N.Y.S.2d 996

William J. Egan, Jr., Plaintiff, and William J. Egan, III, an Infant, by Lyda R. Egan, His Mother and Natural Guardian, et al., Respondents, v. Pensek Truck Leasing Co., L.P., et al., Appellants

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

June 11, 1996

The alleged inconsistencies in plaintiffs' versions of the accident, in which the issue was whether the son was in the "zone of danger" (Bovsun v Sanperi, 61 N.Y.2d 219) when he allegedly saw his father struck by defendants' vehicle, present issues for the trier of fact (Silva v 81st St. & Ave. A Corp., 169 A.D.2d 402, 404, lv denied 77 N.Y.2d 810; Faber v New York City Hous...

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