Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiff's motion for partial summary judgment on the issue of liability. Plaintiff commenced this action to recover damages for injuries he sustained in a one-car accident that occurred on a gravel road in the Town of Gainesville. Plaintiff was the passenger in the vehicle driven by defendant's decedent, who died as a...
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