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DIAZ v. SOPADE

2009-03014

69 A.D.3d 558 (2010)

893 N.Y.S.2d 164

2010 NY Slip Op 94

CHRISTIAN DIAZ et al., Respondents, v. AJIBOLA SOPADE, Appellant, and MARY WHETSTONE, Respondent.

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

Decided January 5, 2010.

Ordered that the order is affirmed, with costs.

According to the appellant's deposition testimony, while in the course of his employment as a car service driver, a passenger armed with a metal rod demanded the appellant's money and then struck him in the head with the instrument, rendering him unconscious. The vehicle subsequently went out of control, struck another vehicle operated by the defendant Mary Whetstone, and mounted...

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