It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion and dismissing the complaint against defendant Stanley L. Barber and as modified the order is affirmed without costs.
Memorandum:
According to the sole eyewitness account in this personal injury action, plaintiff was injured when she ran into the street between two illegally parked vehicles and into the side of a moving vehicle...
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