GUAN v. STATE


55 A.D.3d 782 (2008)

866 N.Y.S.2d 697

FAN GUAN, Appellant, v. STATE OF NEW YORK, Respondent.

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

October 21, 2008.


Ordered that the judgment is affirmed, with costs.

On November 10, 2000 the claimant's decedent was killed when his car veered off the Northern State Parkway (hereinafter the parkway) in Suffolk County and struck a tree that was roughly 24 feet from the edge of the roadway and measured almost 20 inches in diameter. Although there were no witnesses to the accident, responding police officers and accident reconstruction experts opined at trial that the decedent's car...

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