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NICAJ v. TOWN OF CARMEL

61 A.D.3d 654 (2009)

877 N.Y.S.2d 145

DRANA NICAJ, Respondent, v. TOWN OF CARMEL, Appellant, et al., Defendants.

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

Decided April 7, 2009.

Ordered that the order is affirmed, with costs.

On October 27, 2006, as she was crossing a road, the plaintiff was struck and injured by a vehicle owned and operated by the defendant Frank Andriola, a member of the defendant Mahopac Falls Volunteer Fire Department, Inc. (hereinafter MFVFD), which was responding to a fire. On December 5, 2007 the plaintiff commenced this action against the Town of Carmel, Adriola, and MFVFD...

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