TERRY v. MARION


303 A.D.2d 490 (2003)

756 N.Y.S.2d 451

ROBERT TERRY et al., Respondents, v. FREDERICK MARION, Appellant.

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

Decided March 10, 2003.


Ordered that the order is affirmed, with costs.

The injured plaintiff, in his capacity as a lieutenant in the Garden City Fire Department, responded to a call that a disabled vehicle was leaking gasoline onto the roadway. When he arrived at the scene, the hood of the vehicle was up, having been opened by the defendant, the owner of the vehicle, to ascertain the source of the leak. As the injured plaintiff looked into the engine compartment, the hood of the car fell...

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