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SEGA v. RYDER

287 A.D.2d 848 (2001)

731 N.Y.S.2d 282

SHARON A. SEGA et al., Respondents, v. CLAYTON O. RYDER, Defendant and Third-Party Plaintiff-Respondent. GRANT BUNZY et al., Third-Party Defendants-Appellants.

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

Decided October 18, 2001.

Carpinello, J.

On the morning of January 31, 1994, while stopped on State Route 7 in the Town of Richmondville, Schoharie County, waiting for completion of ice removal and salting work by the Department of Transportation (hereinafter DOT), plaintiff Sharon A. Sega (hereinafter plaintiff) was struck from behind by defendant. It is undisputed that defendant did not see plaintiff's vehicle prior to the impact because his view was completely obstructed by a frozen windshield...

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