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MATTER OF CURIEL v. TOWN OF THURMAN

289 A.D.2d 737 (2001)

734 N.Y.S.2d 320

In the Matter of OLI CURIEL, as Mother and Guardian of FELIX GARCIA, an Infant, Appellant, v. TOWN OF THURMAN, Respondent.

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

Decided December 13, 2001.

Peters, J.

On July 5, 1998, on River Road in the Town of Thurman, Warren County, Felix Garcia, an infant, was seriously injured when the vehicle in which he was a passenger lost control and struck a tree as the roadway curved and changed from a paved surface to a dirt surface. By August 13, 1998, counsel for petitioner, the infant's mother, filed no-fault and motor vehicle accident indemnification claims on the infant's behalf. At approximately the same time, counsel...

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