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KARL v. TERBUSH

63 A.D.3d 1359 (2009)

881 N.Y.S.2d 207

ENAN J. KARL et al., Respondents, v. WAYNE R. TERBUSH et al., Appellants.

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

Decided June 11, 2009.

Peters, J.

While operating a vehicle owned by defendant Julia M. Terbush, defendant Wayne R. Terbush (hereinafter defendant) allegedly lost consciousness and collided with an oncoming car being driven by plaintiff Enan J. Karl. Plaintiffs thereafter brought this negligence action against defendants. Defendants then moved for summary judgment on the ground that the accident arose as a result of a sudden and unforeseeable medical emergency suffered by defendant. Supreme...

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