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WYNNE v. DIAZ

2011-11647.

102 A.D.3d 862 (2013)

958 N.Y.S.2d 453

2013 NY Slip Op 328

EUGENE WYNNE et al., Appellants, v. HECTOR DIAZ et al., Respondents, and FRANCISCO MONTALVO et al., Appellants.

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

Decided January 23, 2013.

Ordered that the judgment is affirmed, with one bill of costs.

The plaintiffs commenced this action to recover damages allegedly sustained as a result of a motor vehicle accident involving three vehicles. The plaintiff Eugene Wynne (hereinafter the injured plaintiff) testified at his deposition that he was sitting in a parked Jeep in the parking lane of Kissena Boulevard, doing paperwork, when his Jeep was struck by a Pontiac automobile (hereinafter the Pontiac),...

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