GERSE v. NEYJOVICH


9 A.D.3d 384 (2004)

780 N.Y.S.2d 615

MARK GERSE et al., Respondents, v. MARIO E. NEYJOVICH et al., Defendants, THOMAS L. LEE et al., Appellants, and MARK HALPERN, Respondent.

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

July 12, 2004.


The decedent was a passenger in an automobile owned by the appellant Thomas L. Lee and operated by the appellant Lawrence A. Hooper (hereinafter the Hooper vehicle), which became disabled in the left-hand lane of Avenue U at the intersection of East 33rd Street in Brooklyn on December 29, 2000, at approximately 11:00 P.M. The Hooper vehicle was rear-ended by a vehicle driven by the defendant Andrew Neyjovich (hereinafter Neyjovich), who was driving while intoxicated and subsequently...

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