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BOYD v. PALADINO

295 A.D.2d 298 (2002)

742 N.Y.S.2d 670

STEVION BOYD, Appellant, v. FRANK PALADINO et al., Respondents, et al., Defendant. (And Two Third-Party Actions.)

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

Decided June 3, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff brought this action to recover damages for injuries he allegedly sustained while he was seated in the passenger seat of a truck on the evening of June 27, 1996. At the time, the plaintiff's right arm was resting outside of the truck's open window. As the truck was backing out of a driveway, wind caused the gate of the fence surrounding...

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