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FERGUSON v. SHEAHAN

506658.

71 A.D.3d 1207 (2010)

896 N.Y.S.2d 245

JESSICA FERGUSON, an Infant, by Her Father and Guardian, REGINALD FERGUSON, et al., Respondents, v. MICHAEL P. SHEAHAN et al., Defendants, and TOWN OF ITHACA, Appellant. (Action No. 1.) VALERIE RICHARDS, an Infant, by Her Mother and Guardian, JUDY NELSON, et al., Respondents, v. MICHAEL P. SHEAHAN II et al., Defendants, and TOWN OF ITHACA, Appellant. (Action No. 2.)

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

Decided March 4, 2010.

Spain, J.

These consolidated personal injury actions arise out of an August 2003 automobile accident that occurred along Sand Bank Road in the Town of Ithaca, Tompkins County. Defendant Michael P. Sheahan II and his four passengers were traveling northbound, returning from Buttermilk Falls where the five teenagers had been swimming until it started raining. While apparently driving within the legal speed limit—at...

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