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MARSICANO v. FABRIZIO

61 A.D.3d 941 (2009)

877 N.Y.S.2d 461

THOMAS P. MARSICANO, Respondent, v. FELIX F. FABRIZIO, Appellant, and DOMENICK DePERGOLA, Respondent.

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

Decided April 28, 2009.

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

The instant action arose out of a three-car accident which occurred on the morning of April 4, 2005, on the westbound roadway of the lower level of the Verrazano-Narrows Bridge. A vehicle driven by the defendant Felix F. Fabrizio lost power and came to a stop in the far left lane. Shortly after Fabrizio's car stopped, it was struck from behind by a vehicle operated by the defendant Domenick DePergola. The...

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