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PAUL AUGELLO, JR., Respondent, v. JOSEPH DENIGRIS et al., Appellants.

Ordered that the order is affirmed, with costs.

The affirmation prepared by the defendants' expert which was submitted in opposition to the plaintiff's motion presented no triable issues of fact as to whether the defendant Joseph Denigris was negligent in falling asleep at the wheel of an automobile while driving ( cf., Harvey v. Dileno, 35 A.D.2d 668; Cicero v. Clark, 23 A.D.2d 583).

Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.

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AUGELLO v. DENIGRIS
(May 12, 1997)