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MALLEN v. SU

2009-00817.

67 A.D.3d 974 (2009)

890 N.Y.S.2d 79

2009 NY Slip Op 08791

MARK C. MALLEN, Appellant, v. ELLIOT SU et al., Respondents.

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

Decided November 24, 2009.

Ordered that the order is affirmed, with costs.

A vehicle operated by the defendant Elliot Su and owned by the defendant Gen-Wen Su was hit in the rear by a motorcycle owned and operated by the plaintiff on Noxon Road in LaGrangeville. The plaintiff's friend, nonparty Steven Stubbs, was operating his motorcycle about 20 feet behind the defendants' vehicle, and the plaintiff was operating his vehicle about 20 feet behind Stubbs's motorcycle. Stubbs swerved to the right...

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