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ARBATOSKY v. HERMAN

28 A.D.3d 1241 (2006)

814 N.Y.S.2d 451

JONATHAN ARBATOSKY, Respondent, v. JASON R. HERMAN et al., Defendants, CONNECTICUT GENERAL LIFE INSURANCE CO. et al., Respondents, and SEARS, ROEBUCK AND CO., Appellant.

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

April 28, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action seeking damages for injuries he sustained when the vehicle in which he was a passenger struck an unlit light pole in the Summit Park Mall (Mall) parking lot. The vehicle was owned by defendant Robert E. Herman and operated by defendant Jason R. Herman, and the accident occurred in an area of the parking...

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