It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiff commenced this action as the Public Administrator of the estate of decedent, who was struck and killed by a vehicle driven by defendant Vincent T. Carello. Throughout the evening preceding the accident and into the early morning hours of the day of the accident, Carello consumed alcohol and nonalcoholic energy drinks, and he smoked marihuana. Carello and...
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