It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiffs commenced this action seeking damages for injuries sustained by plaintiff Scott G. Cunningham when he was struck by a vehicle driven by defendant Kristi Petrilla while he was completing his construction shift on an interstate highway. At the time of the accident, Petrilla was driving home from her employment at Buffalo Brew...
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