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LOBELLO v. TOWN OF BROOKHAVEN

2008-08515.

66 A.D.3d 646 (2009)

887 N.Y.S.2d 161

2009 NY Slip Op 7231

BENEDETTO LOBELLO, Appellant, v. TOWN OF BROOKHAVEN et al., Respondents.

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

Decided October 6, 2009.

Ordered that the order is affirmed, with costs.

On February 10, 2005, at approximately 11:30 P.M., the plaintiff allegedly was injured while driving on Moriches Middle Island Road in Manorville, New York, when his vehicle struck a dump truck owned by the defendant Brookhaven Town Highway Dept. (hereinafter the Highway Dept.) and operated by the defendant Vincent Fasciana. Fasciana, an employee of the defendant Town of Brookhaven, had been called earlier that evening...

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