MAROTTA v. HOY


55 A.D.3d 1194 (2008)

866 N.Y.S.2d 415

CHRISTINE MAROTTA, Respondent, v. MATTHEW HOY et al., Appellants.

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

October 30, 2008.


Spain, J.

In December 2005, plaintiff was seriously injured when a police car driven by defendant Matthew Hoy, a police officer employed by defendant City of Schenectady Police Department, collided with her vehicle. Plaintiff reportedly sustained traumatic brain injury and has no recall of the accident. Within days of the accident, plaintiff's attorney submitted a written request that both vehicles be preserved in their "immediate post-accident condition." While defendants...

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