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PALMA v. GARCIA

52 A.D.3d 796 (2008)

861 N.Y.S.2d 115

FIDEL PALMA, Appellant, v. GABRIEL A. GARCIA et al., Defendants, and MARTHA J. CASTILLO, Respondent.

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

Decided June 24, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

On February 21, 2004 at approximately 6:25 A.M. the defendant Martha J. Castillo was driving northbound on a straight stretch of Park Avenue, in Huntington. The plaintiff was a front-seat passenger in Castillo's vehicle. The defendant Gabriel A. Garcia, who had not slept that night, was driving his vehicle southbound on Park Avenue. Garcia's vehicle crossed into the northbound lane, and Castillo...

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