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MAZZELLA v. CITY OF NEW YORK

2009-01802

72 A.D.3d 755 (2010)

899 N.Y.S.2d 291

WAYNE MAZZELLA, JR., Appellant, v. CITY OF NEW YORK, Respondent. (Action No. 1.) WAYNE MAZZELLA, SR., Individually and as Administrator of the Estate of JOSEPH MAZZELLA, Deceased, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant. (Action No. 2.)

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

Decided April 13, 2010.

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

On January 14, 2004, between 10:30 P.M. and 11:00 P.M., the plaintiff in action No. 1, Wayne Mazzella, Jr., was driving his car north on Korean Veterans Parkway in Staten Island with his 15-year-old brother Joseph Mazzella, who was in the passenger seat. Freddy Alvaro was driving his car south on Korean Veterans Parkway at the same time. Both Alvaro and Wayne Mazzella, Jr., testified at their...

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