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AFFLECK v. BUCKLEY

96 N.Y.2d 553 (2001)

758 N.E.2d 651

732 N.Y.S.2d 625

HAROLD R. AFFLECK, Individually and as Administrator of the Estates of HAROLD H. AFFLECK, Deceased, and HARRIET M. AFFLECK, Deceased, Plaintiff, v. GERALD M. BUCKLEY, JR., et al., Defendants. (Action No. 1.) HAROLD R. AFFLECK, Individually and as Administrator of the Estates of HAROLD H. AFFLECK, Deceased, and HARRIET M. AFFLECK, Deceased, Appellant, v. COUNTY OF NASSAU, Respondent. (Action No. 2.)

Court of Appeals of the State of New York.

Decided October 16, 2001.

Attorney(s) appearing for the Case

Richard J. Finamore, Great Neck, and Robert P. Sweeney & Associates, Uniondale, for appellant.

Stanziale & Carpentier, L. L. P., Mineola (Henry Stanziale and Nancy Pavlovic of counsel), and Alfred Semenga, County Attorney of Nassau County, Mineola, for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

CIPARICK, J.

This action arises from a September 11, 1994 automobile accident, involving plaintiff's decedents Harold and Harriet Affleck, at the Westbury Avenue entrance to Waldbaum's Shopping Center in Nassau County. While attempting to enter the shopping center's driveway, Harold Affleck made a left-hand turn from the westbound lane of Westbury Avenue. In so doing, he entered the two...

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