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RODRIGUES v. VILLAGE OF OSSINING

2010-00309

76 A.D.3d 962 (2010)

907 N.Y.S.2d 504

JOSEPH RODRIGUES, as Administrator of the Estate of JOHN PAUL RODRIGUES, Deceased, Appellant, et al., Plaintiffs, v. VILLAGE OF OSSINING et al., Defendants, and R. BARLAAM, Respondent.

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

Decided September 14, 2010.

Ordered that the order is affirmed, with costs.

John Paul Rodrigues (hereinafter the decedent) allegedly died as a result of injuries sustained after he fell from the sanitation truck upon which he was working. The plaintiffs commenced this action alleging, inter alia, that the defendant R. Barlaam's negligent driving caused the sanitation truck to make evasive maneuvers which, in turn, caused the decedent to fall from the truck, resulting in his fatal injuries.<...

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