FIOCCA v. KIRSCHNER


294 A.D.2d 744 (2002)

742 N.Y.S.2d 706

WILLIAM J. FIOCCA et al., Respondents-Appellants, v. LEWIS KIRSCHNER, as Limited Administrator of the Estate of JULIE LABODIN, Deceased, Appellant-Respondent.

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

Decided May 16, 2002.


Carpinello, J.

On November 21, 1996, plaintiff William J. Fiocca (hereinafter plaintiff) and Julie Labodin were both employees of the United States Postal Service and worked at one of its facilities in Orange County. On that date, plaintiff, while walking to his car during a routine break in his shift, was hit by Labodin's vehicle in the employee parking lot. Labodin had just arrived at the facility and was looking for a parking space shortly before her scheduled...

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