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CANCELLARO v. SHULTS III

507247

68 A.D.3d 1234 (2009)

2009 NY Slip Op 8936

890 N.Y.S.2d 677

ROBERT CANCELLARO, as Guardian ad Litem of DESTANY CANCELLARO and Another, Respondent, v. JOHN R. SHULTS III, Appellant, et al., Defendants.

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

Decided December 3, 2009.

Garry, J.

Plaintiff is the guardian ad litem for two children who were seriously injured in a December 2004 collision between a vehicle driven by their mother, defendant Angelina Velez, in which they were passengers, and a vehicle driven by defendant John R. Shults III (hereinafter defendant). The accident occurred near a 90-degree bend on Hurley Avenue, a two-lane road in the City of Kingston, Ulster County, with a posted speed limit of 30 miles per hour (hereinafter...

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