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HUDSON v. BOUTIN

239 A.D.2d 624 (1997)

656 N.Y.S.2d 781

Mary F. Hudson, as Administrator of The Estate of Thomas F. Hudson, Deceased, Appellant-Respondent, v. Daniel Boutin et al., Respondents-Appellants. (Action No. 1.) State of New York, Plaintiff, v. Daniel Boutin et al., Defendants. (Action No. 2.) Lisa G. Lemieux et al., as Administrators of The Estate of Yvan Lemieux, Deceased, Respondents, v. Daniel Boutin et al., Appellants, and Mary F. Hudson, as Administrator of The Estate of Thomas F. Hudson, Deceased, Defendant and Third-Party Plaintiff-Appellant-Respondent; Transport Canora Ltee, Third-Party Defendant-Respondent-Appellant. (Action No. 3.)

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

May 1, 1997

Carpinello, J.

On the evening of November 26, 1985, State Trooper Thomas Hudson came to the aid of a disabled tractor trailer in the right hand driving lane of Interstate Route 87 south. The tractor trailer was owned by defendant Transport Canora Ltee and operated by Yvan Lemieux. Hudson parked his police vehicle behind the tractor trailer and, although he had activated the vehicle's emergency lights and aimed a spotlight on the tractor trailer, he did...

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