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RUBINO v. SCHERRER

2008-10657

68 A.D.3d 1090 (2009)

2009 NY Slip Op 9642

892 N.Y.S.2d 458

SUSAN RUBINO, Appellant, v. GEORGE SCHERRER, Respondent.

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

Decided December 22, 2009.

Ordered that the judgment is affirmed, with costs.

The plaintiff alleged that she was injured when she was struck by the defendant's vehicle as she was jogging along a roadway in West Hampton Beach. After a trial on the issue of liability, the jury found that the defendant was negligent, but that his negligence was not a substantial factor in the happening of the accident. Judgment was entered in favor of the defendant...

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