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LYNCH, JR. v. STATE OF NEW YORK

37 A.D.3d 772 (2007)

831 N.Y.S.2d 228

CORNELIUS LYNCH, JR., et al., Appellants, v. STATE OF NEW YORK, Respondent.

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

Decided February 27, 2007.

Ordered that the judgment is affirmed, with costs.

The evidence at trial showed that the injured claimant, who was a tow truck operator, responded to the scene of an accident on a New York State parkway, where a disabled vehicle was located on the center median. When the injured claimant arrived, a State Trooper who had responded to the accident scene stopped the oncoming traffic, thereby allowing the injured claimant to drive over to the median with his tow truck...

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