HELD v. McMILLAN


45 A.D.3d 805 (2007)

847 N.Y.S.2d 135

SCOTT E. HELD, Appellant, v. ANTHONY J. McMILLAN et al., Respondents.

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

Decided November 27, 2007.


Ordered that the order is affirmed, with costs.

According to the plaintiff's deposition testimony, as he was driving in the right-hand lane of the westbound Belt Parkway, his vehicle was struck from behind by an unidentified vehicle, which caused him to lose control of his vehicle. The plaintiff also lost consciousness, and the next thing he recalled was waking up in the hospital.

According to the deposition testimony of the defendant driver, Anthony J. McMillan...

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