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FRUENDT v. WATERS

2016-07920. Index No. 14580/10.

164 A.D.3d 559 (2018)

83 N.Y.S.3d 324

2018 NY Slip Op 05666

Derek J. Fruendt et al., Respondents, v. William E. Waters, Appellant, and Louis J. Maccarone et al., Respondents.

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

Decided August 8, 2018.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The defendant William E. Waters was driving north on the Sagtikos Parkway when his vehicle allegedly was forced by another vehicle onto the grass to the right of the roadway, causing Waters to lose control of his vehicle. Waters' vehicle struck the plaintiffs' vehicle, which flipped over, injuring the plaintiff Derek J. Fruendt (hereinafter the injured plaintiff). The other vehicle allegedly...

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