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HERZOG v. SCHROEDER

9 A.D.3d 669 (2004)

780 N.Y.S.2d 226

JAMES HERZOG et al., Individually and as Coadministrators of the Estate of MELISSA HERZOG, Respondents, v. LOUIS M. SCHROEDER et al., Defendants, and TOWN OF GUILDERLAND, Appellant.

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

July 8, 2004.

MUGGLIN, J.

Melissa Herzog (hereinafter decedent) died as the result of a one-car accident on Hurst Road in the Town of Guilderland, Albany County. The car, in which decedent was a rear-seat passenger, was operated by Korey W. Efaw in a westerly direction on Hurst Road. Efaw lost control of the car which spun counterclockwise, left the south edge of the road, and traveled backward 120 feet, where it struck a tree located seven feet from the edge of the pavement. Plaintiffs...

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