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ELLIOTT v. CITY OF NEW YORK

145 A.D.2d 386 (1988)

Eric Elliott, Respondent, v. City of New York, Appellant

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

December 27, 1988

At 4:30 A.M. on November 8, 1982, plaintiff was driving his mother's 1967 Ford pickup north along Route 28A, a two-lane, city-maintained road bordering the Ashokan Reservoir in Ulster County. Spotting a deer running through the woods from his right to his left and about to cross the roadway, plaintiff swerved off the roadway to the left, then turned the steering wheel to the right in an attempt to regain the roadway before striking...

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