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BROWN v. COUNTY OF DUTCHESS

5 A.D.3d 420 (2004)

772 N.Y.S.2d 607

STEVEN BROWN et al., Appellants, v. COUNTY OF DUTCHESS, Respondent.

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

March 8, 2004.

Ordered that the judgment is affirmed, with costs.

The plaintiff Steven Brown was driving west on CR-19, a two-lane, curvy road in County of Dutchess consisting of one westbound and one eastbound lane. The plaintiff's decedent, his wife, was sitting in the front passenger seat. At the time of the accident, Brown was traveling at 35 miles-per-hour in an area of the roadway where the posted speed limit was 30 miles-per-hour. Brown testified that he saw a patch of white...

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