Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant, Frank E. Newman, testified before trial that he was stopped on Sound Avenue in Riverhead, anticipating making a left-hand turn into a garden nursery, when his vehicle was struck in the rear by a vehicle driven by the plaintiff's wife, the third-party defendant, Patricia A. Maschka, in which the plaintiff was a passenger. The parties all concurred in their deposition testimony that...
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