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ESCRIBANO v. TOWN OF HAVERSTRAW

303 A.D.2d 621 (2003)

757 N.Y.S.2d 310

MICHELLE ESCRIBANO et al., Appellants, v. TOWN OF HAVERSTRAW et al., Respondents. (Action No. 1.) OMAR ESCRIBANO, SR., et al., Appellants, v. TOWN OF HAVERSTRAW et al., Respondents. (Action No. 2.)

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

Decided March 24, 2003.

Ordered that the order is affirmed, with one bill of costs.

The plaintiffs commenced these actions to recover damages arising out of a motor vehicle accident in which the plaintiff in Action No. 2 Omar Escribano, Sr. (hereinafter the father), a diabetic, was operating a vehicle in which the passenger, his son, Omar Escribano, Jr., was killed. The father claimed that he was experiencing diabetic shock, which led to the crash. Shortly before the crash, the vehicle was...

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