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RODGERS v. DUFFY

2011-03851.

87 A.D.3d 1126 (2011)

929 N.Y.S.2d 874

2011 NY Slip Op 6832

EDWARD RODGERS et al., Appellants, v. CHARLES DUFFY, JR., et al., Respondents.

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

Decided September 27, 2011.

Ordered that the order is affirmed, with costs.

On August 5, 2007, the injured plaintiff, Edward Rodgers (hereinafter Rodgers), was a front-seat passenger in a vehicle operated by the defendant Charles Duffy, Jr. (hereinafter Duffy). Earlier that evening Rodgers and Duffy met at Duffy's girlfriend's apartment for approximately one hour, after which they went to a bar. It is undisputed that both Rodgers and Duffy consumed...

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