EUM v. STEPHENS

2011-00995.

93 A.D.3d 632 (2012)

939 N.Y.S.2d 703

2012 NY Slip Op 1652

SERA EUM et al., Respondents, v. CHARLES W.D. STEPHENS et al., Appellants.

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

Decided March 6, 2012.


Ordered that the order is affirmed, with costs.

On May 30, 2006, the plaintiffs were driving on the Long Island Expressway behind a roll-off dump truck owned by the defendant Arma Scrap Metal Co., Inc., and operated by the defendant Charles W.D. Stephens (hereinafter the defendant driver), when one of the tires on the truck blew out. Although the plaintiffs' vehicle did not make contact with the truck or any other vehicle, the plaintiffs alleged that they sustained...

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