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STIUSO v. CITY OF NEW YORK

87 N.Y.2d 889 (1995)

663 N.E.2d 321

639 N.Y.S.2d 1009

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

Court of Appeals of the State of New York.

Decided December 28, 1995.

Attorney(s) appearing for the Case

Anthony J. DeMarco, Jr., Brooklyn, and Schapiro & Reich (Perry S. Reich and Steven M. Schapiro of counsel), for appellant.

Paul A. Crotty, Corporation Counsel of New York City (John Hogrogian and Pamela Seider Dolgow of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division for consideration of the facts pursuant to CPLR 5613.

Plaintiff suffered serious personal injuries while a passenger in an automobile traveling on Todt Hill Road in Staten Island. The driver of the vehicle swerved off the road when an animal darted in front of the car. The driver swerved...

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