STIUSO v. CITY OF NEW YORK


210 A.D.2d 470 (1994)

621 N.Y.S.2d 96

Stacy J. Stiuso, Respondent, v. City of New York, Appellant, et al., Defendants

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

December 27, 1994


Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed insofar as it is asserted against the appellant.

The trial record reveals that the plaintiff, Stacy Stiuso, suffered injuries when the car in which she was a passenger veered off Todt Hill Road into a drainage swale, and struck a tree. The driver of the car admitted that he directed his vehicle off the road to avoid striking an animal which had darted in front of his car...

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