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MACWHINNIE v. NUGENT

28 A.D.3d 431 (2006)

812 N.Y.S.2d 635

HERBERT C. MACWHINNIE et al., Appellants, v. JOHN G. NUGENT et al., Respondents.

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

April 4, 2006.

Ordered that the order is affirmed, with costs.

The defendants stored their 1969 Mercedes Benz in the plaintiffs' garage. On December 6, 2001, the plaintiff Herbert C. MacWhinnie (hereinafter the injured plaintiff) moved the car out of the garage, in order to sweep out the garage. He testified at his deposition that he pulled the car out of the garage and put the transmission in park, leaving the engine on and the driver's side door open. After one or two minutes...

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