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BOYCE v. VAZQUEZ

249 A.D.2d 724 (1998)

671 N.Y.S.2d 815

Stephen E. Boyce, Respondent-Appellant, v. James Vazquez et al., Individually and as Partners Doing Business as High Line Auto Brokers, Respondents, and Donna M. Pembridge, as Executor of Leonard E. Pembridge, Deceased, Appellant-Respondent

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

April 16, 1998

White, J.

When plaintiff exited a convenience store around 8:00 P.M. on November 19, 1995 and reentered his 1980 Ford pickup truck, he was unable to start it. He sought assistance from Leonard E. Pembridge (hereinafter decedent), who agreed to tow plaintiff's vehicle so that plaintiff could pop start1 it. Decedent proceeded to tow plaintiff's truck onto North Street in the Village of Endicott, Broome County. After going about...

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