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SOSA v. KASIM

48 A.D.3d 320 (2008)

851 N.Y.S.2d 517

JUAN SOSA, Respondent, v. MOHAMED N. KASIM, Defendant, and MAZDA AMERICAN CREDIT CORPORATION, Appellant.

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

Decided February 21, 2008.

Kasim, the operator of the vehicle leased from Mazda, testified at his deposition that he was told he had suffered a stroke just prior to striking plaintiff pedestrian, which would constitute an unforeseen medical emergency. This testimonial evidence sufficiently supported Mazda's affirmative defense (see Brewster v FTM Servo, Corp., 44 A.D.3d 351 [2007]), and it was an improvident exercise of discretion for the trial court to preclude...

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