Ordered that the order is reversed, on the law, with costs, and the appellant's motion for summary judgment dismissing the complaint insofar as asserted against it is granted.
On August 15, 2003, at approximately 4:00 A.M., the plaintiff Victor Kleiner (hereinafter the plaintiff) was driving his car on a road constructed and maintained by the defendant County of Orange. The plaintiff was forced to swerve to the right when a deer suddenly darted in front of the car...
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