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FLEDERBACH v. LENNETT

2008-04649.

2009 NY Slip Op 06402

WENDY FLEDERBACH, ET AL., appellants, v. JACK C. LENNETT, respondent.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Tinari, O'Connell, Osborn & Kaufman, LLP, Central Islip, N.Y. (Frank A. Tinari of counsel), for appellants.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, N.Y. (Gregory A. Cascino of counsel), for respondent.

Before: Mark C. Dillon, J.P., Anita R. Florio, Ruth C. Balkin, Leonard B. Austin, JJ.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

At approximately 7:00 A.M. on January 27, 2003, two accidents occurred on Vanderbilt Parkway in Dix Hills. The first accident was between the defendant and a second driver, allegedly as a result of snow and icy conditions on the road. The plaintiff Wendy Flederbach observed the accident, stopped her vehicle and, in the company of other passing motorists, attempted...

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