Ordered that the order and judgment is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
In the early morning hours of November 14, 1998, the defendant was driving on an unpaved, unlit, rural road in Delaware County. The plaintiffs Thomas Mazzarella and John Petschauer were passengers in the defendant's car at the time. At some point, the defendant's vehicle left the road and went into a ditch, causing a tire to blow out and...
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