Peters, J.
On February 24, 1999, defendant Steven R. Spakowski (hereinafter defendant), operating a tractor-trailer owned by defendant Kevin Ryman, Inc., was traveling westbound in the left lane of Interstate Route 90 in the City of Albany. As he crested a hill, he observed an accident in the eastbound lane. Immediately thereafter, a car traveling ahead of him swerved to avoid hitting decedent who was walking alongside of his car which was parked on the right shoulder...
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