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MINOR v. C & J ENERGY SAVERS, INC.

65 A.D.3d 532 (2009)

883 N.Y.S.2d 587

MAURICE MINOR et al., Appellants, v. C & J ENERGY SAVERS, INC., et al., Respondents.

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

Decided August 4, 2009.

Ordered that the order is affirmed, with costs.

On October 30, 2004, the plaintiffs' decedent was killed when the automobile she was driving was struck by a tanker truck driven by the defendant Clayton W. Sprague and owned by the defendant C & J Energy Savers, Inc. The decedent was driving eastbound on Jerusalem Avenue in Hempstead when her automobile crossed into the westbound lanes and was struck by the oncoming truck. The uncontradicted evidence was that the...

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