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ETHERIDGE v. MAGRINO

75 A.D.2d 594 (1980)

Marcelynn Etheridge, Appellant, v. Bernie Magrino, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 14, 1980

Order affirmed, with $50 costs and disbursements.

There are issues of fact as to the speed of defendant's vehicle, its distance from the car in front of it and the existence, if any, of an emergency situation which resulted in defendant's vehicle veering into a pole to avoid the other car (see Ugarriza v Schmieder, 46 N.Y.2d 471; Borgesano v Hertz Corp., 69 A.D.2d 894

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