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MARSHALL v. INSTITUTE FOR COMMUNITY LIVING, INC.

50 A.D.3d 975 (2008)

856 N.Y.S.2d 660

SHAWN M. MARSHALL, Respondent, v. INSTITUTE FOR COMMUNITY LIVING, INC., et al., Appellants.

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

Decided April 22, 2008.

Ordered that the order is affirmed, with costs.

The plaintiff was struck by a van owned by the defendant Institute for Community Living, Inc., and operated by the defendant Jason Ruben Borrero, as he was crossing Flatbush Avenue outside a crosswalk, a short distance from its intersection with Empire Boulevard. After the plaintiff commenced the present action, the defendants moved for summary judgment dismissing the complaint, both on the grounds that the plaintiff...

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