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SMYTHE v. WOODS

41 A.D.3d 1130 (2007)

838 N.Y.S.2d 721

SHEILA SMYTHE, as Administrator of the Estate of CHRISTINA FRANK, Deceased, Appellant, v. JUNE B. WOODS, as Executor of ARNOLD WOODS, Deceased, et al., Defendants, and COUNTY OF FRANKLIN, Respondent.

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

Decided June 28, 2007.

Carpinello, J.

Summary judgment was properly granted to defendant County of Franklin (hereinafter defendant) in this negligence action arising out of a one-car fatal accident on County Route 3 in the Town of Fort Covington, Franklin County. Plaintiff's decedent was a passenger in a vehicle that went off the paved portion of this two-lane road approximately 200 feet before a bridge for no known reason. After knocking down a concrete guide post located on the approach...

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