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DIAZ v. GREEN

47 A.D.3d 612 (2008)

849 N.Y.S.2d 597

GABRIEL DIAZ et al., Appellants, v. JAMES GREEN et al., Respondents, et al., Defendants.

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

Decided January 8, 2008.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

At about midnight on August 19, 2004, the vehicle operated by the defendant James Green stalled in the right lane of the Palisades Parkway in Rockland County. Green immediately activated the hazard lights on his vehicle and unsuccessfully attempted to restart his vehicle using the ignition key. After a few minutes, the Green vehicle was struck in the rear by a vehicle operated by...

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