METZLER v. BRAWLEY


209 A.D.2d 487 (1994)

619 N.Y.S.2d 282

Nancy Metzler, Appellant, v. Winifred Brawley et al., Respondents

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

November 14, 1994


Ordered that the judgment is affirmed, with costs.

On the evening of October 2, 1990, the plaintiff was traveling north on Route 303 in Orangetown, New York, when she lost control of her vehicle and veered off the roadway, striking a parked van owned by the defendant. Following the accident, the plaintiff admitted that she lost control of her automobile when she took her eyes off the roadway to light a cigarette.

On appeal, the plaintiff contends that the...

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