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AUGELLO v. DENIGRIS

239 A.D.2d 372 (1997)

658 N.Y.S.2d 882

Paul Augello, Jr., Respondent, v. Joseph Denigris et al., Appellants

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

May 12, 1997

Ordered that the order is affirmed, with costs.

The affirmation prepared by the defendants' expert which was submitted in opposition to the plaintiff's motion presented no triable issues of fact as to whether the defendant Joseph Denigris was negligent in falling asleep at the wheel of an automobile while driving (cf., Harvey v Dileno, 35 A.D.2d 668; Cicero v Clark, 23 A.D.2d 583

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