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THOMAS v. HALMAR BUILDERS OF NEW YORK, INC.

290 A.D.2d 502 (2002)

736 N.Y.S.2d 404

ROOSEVELT THOMAS, Appellant, v. HALMAR BUILDERS OF NEW YORK, INC., Defendant and Third-Party Plaintiff-Respondent. SAFETY MARKING, INC., Third-Party Defendant-Respondent.

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

Decided January 22, 2002.

Ordered that the order is affirmed, with one bill of costs.

On August 31, 1996, at approximately 6:00 P.M., a vehicle operated by the plaintiff, Roosevelt Thomas, was heading north on the Saw Mill River Parkway, a four-lane parkway consisting of two southbound and two northbound lanes. The plaintiff testified that he had driven on this particular section of the parkway every day for nine months before the accident. At the time of the accident, the plaintiff was traveling...

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