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LEVINE v. GBE CONTRACTING CORP.

2 A.D.3d 596 (2003)

768 N.Y.S.2d 357

STEPHEN LEVINE et al., Appellants, v. GBE CONTRACTING CORP. et al., Respondents, et al., Defendant.

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

December 15, 2003.

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

The injured plaintiff's vehicle collided with a truck driven by the defendant Juarez Berger, an employee of the defendant GBE Contracting Corp. (hereinafter GBE) after the truck made a U-turn on the New York State Thruway.

Contrary to the plaintiffs' contention, the truck was "actually engaged in work on a highway" pursuant to Vehicle and Traffic Law § 1103 (b) (see Riley v County of Broome...

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