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DRAPER v. CANADA DRY BOTTLING OF NEW YORK

45 A.D.3d 526 (2007)

845 N.Y.S.2d 420

KIM DRAPER, Respondent, v. CANADA DRY BOTTLING OF NEW YORK et al., Appellants.

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

Decided November 7, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The defendants' truck made contact with an SUV operated by the plaintiff on the Major Deegan Expressway in the Bronx, after the plaintiff's vehicle swerved in an attempt to avoid contact with an unidentified third vehicle which had just entered her lane of traffic. Following joinder of issue...

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