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MILLER v. SISTERS OF THE ORDER OF ST. DOMINIC

262 A.D.2d 373 (1999)

691 N.Y.S.2d 168

BRIAN MILLER, Respondent, v. SISTERS OF THE ORDER OF ST. DOMINIC et al., Appellants.

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

Decided June 7, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff was allegedly injured when he was hit by a car owned by the defendant Sisters of the Order of St. Dominic and driven by the defendant Sister Marie Brady. The testimony of the only two nonparty eyewitnesses to the accident demonstrates that suddenly, and without any warning, the plaintiff walked...

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