Boyce v. Vazquez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—White, J.
Cross appeals from an order of the Supreme Court (Coutant, J.), entered October 30, 1996 in Broome County, which, inter alia, denied defendant Donna M. Pembridge’s motion for summary judgment dismissing the complaint against her.
When plaintiff exited a convenience store around 8:00 p.m. on November 19, 1995 and reentered his 1980 Ford pickup truck, he was unable to start it. He sought assistance from Leonard E. Pembridge (hereinafter decedent), who agreed to tow plaintiff’s vehicle so that plaintiff could pop start1 it. Decedent proceeded to tow plaintiff’s truck onto North Street…
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