Ordered that the order is affirmed, with one bill of costs.
In the early morning of July 27, 1997, the plaintiffs were passengers in a vehicle operated by defendant Anthony P. Frazzetta. At that time there was an on-going construction project on the Gowanus Expressway, which required two lane closures, leaving one lane open for traffic. The construction project was pursuant to a contract between the New York State Department of Transportation and the defendant DeFoe...
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