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LA PAZ v. CITY OF NEW YORK

294 A.D.2d 327 (2002)

743 N.Y.S.2d 116

EDWIN DE LA PAZ, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided May 6, 2002.

Ordered that the order is affirmed, with costs.

The plaintiff was a passenger in a vehicle, owned and operated by the defendant Stanley Johnson, which stalled and became inoperable on a cold winter night. Johnson and another passenger left the vehicle and called for a tow truck, then returned to the vehicle to wait. Subsequently, two New York City police officers in a patrol car stopped at the scene. When told what had...

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