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SMALLS v. AJI INDUSTRIES, INC.

10 N.Y.3d 733 (2008)

883 N.E.2d 350

853 N.Y.S.2d 526

MARKKING SMALLS, Appellant-Respondent, v. AJI INDUSTRIES, INC., et al., Respondents, and JAHKIM A. JENKINS et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided February 12, 2008.

Attorney(s) appearing for the Case

Crasto & Associates, P.C., Howard Beach (Carol L. Schlitt and Anthony C. Crasto of counsel), for appellant-respondent.

Buratti, Kaplan, McCarthy & McCarthy, Yonkers (John C. Buratti and Julie M. Sherwood of counsel), for respondents-appellants.

Downing & Peck, P.C., New York City (John M. Downing, Jr., of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court reinstated.

At 1:40 A.M. on December 14, 2001, Jahkim A. Jenkins, a novice driver, was operating a vehicle owned by his sister, Christchelle Smalls, when he misjudged a lefthand turn from Randall Avenue onto Zerega Avenue in New York City, lost control of the automobile, and struck a parked dumpster owned by AJI Industries...

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