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MADDEN v. TOWN OF GREENE

513709.

95 A.D.3d 1426 (2012)

942 N.Y.S.2d 911

2012 NY Slip Op 3505

KURTIS R. MADDEN, an Infant, by WENDY L. MADDEN, His Parent and Guardian, et al., Respondents, v. TOWN OF GREENE, Appellant et al., Defendants.

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

Decided May 3, 2012.

STEIN, J.

In June 2003, plaintiff Kurtis R. Madden (hereinafter plaintiff) was seriously injured in a motor vehicle accident while driving with a friend on Hotchkiss Road in the Town of Greene, Chenango County. While plaintiff has no memory of the accident, his passenger testified at a General Municipal Law § 50-h hearing that plaintiff lost control of the vehicle while reacting to an oncoming dump truck that appeared to be in plaintiff's lane of travel. The...

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