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TUTRANI v. COUNTY OF SUFFOLK

64 A.D.3d 53 (2009)

878 N.Y.S.2d 412

PAMELA TUTRANI et al., Respondents, v. COUNTY OF SUFFOLK et al., Appellants, et al., Defendants.

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

Decided May 5, 2009.

Attorney(s) appearing for the Case

Christine Malafi, County Attorney, Hauppauge (Christopher A. Jeffreys of counsel), for appellants.

Philip J. Rizzuto, P.C., Carle Place (Kenneth R. Shapiro of counsel), for respondents.

COVELLO, J.P., ANGIOLILLO and CARNI, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

The Accident

On the morning of March 25, 2003, the plaintiff Pamela Tutrani (hereinafter the plaintiff) was driving her vehicle during rush-hour traffic on the service road of the Long Island Expressway near exit 53, when her vehicle was struck in the rear by a vehicle driven by Darlene Maldonado. Seconds before this rear-end collision, a police vehicle operated by defendant

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