Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff testified at his deposition that between 1:00 a.m. and 2:00 a.m. on the morning of November 10, 2013, he was sitting in the driver's seat of a parked vehicle when it was struck in the rear by a vehicle owned and operated by the defendant. According to the plaintiff, the vehicle he was sitting in was parked at a bus stop, six inches away from the curb. The defendant testified at...
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