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MADDEN v. TOWN OF GREENE

64 A.D.3d 1117 (2009)

883 N.Y.S.2d 392

KURTIS R. MADDEN, an Infant, by WENDY L. MADDEN, His Parent and Guardian, et al., Respondents-Appellants, v. TOWN OF GREENE et al., Appellants-Respondents.

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

Decided July 30, 2009.

Garry, J.

In June 2003, plaintiff Kurtis Madden (hereinafter plaintiff), then 16 years old, was involved in a motor vehicle accident while driving with a friend (hereinafter the passenger) on Hotchkiss Road in the Town of Greene, Chenango County. Both plaintiff and the passenger were wearing shoulder belts but had not buckled their lap belts. Plaintiff allegedly has no memory of the accident, but the passenger testified that as the vehicle negotiated the second of...

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