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HEMINGWAY v. CITY OF NEW YORK

2010-08155.

81 A.D.3d 595 (2011)

916 N.Y.S.2d 167

NATASHA HEMINGWAY et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 1, 2011.

Ordered that the order is affirmed, with costs.

This case involves a motor vehicle accident which occurred on September 10, 2007, in Queens County, at the intersection of 153rd Street and 119th Avenue. A car driven by the plaintiff Natasha Hemingway was struck by a fire truck owned by the defendant City of New York and operated by the defendant firefighter Michael Whalen. At the time of the incident, Whalen was responding to an emergency fire call with the horns and...

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