BENETATOS v. COMERFORD

2010-00079.

78 A.D.3d 750 (2010)

911 N.Y.S.2d 155

JOHN JOSEPH BENETATOS, an Incapacitated Person, by His Guardian ad Litem, KAREN WALSH, Appellant, v. ALFRED COMERFORD, Respondent.

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

Decided November 9, 2010.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

On February 18, 2007, at approximately 6:00 P.M., the defendant, while driving his own vehicle southbound on County Road 21, an unlit road in the Town of Brookhaven, traversing a wooded area, struck the plaintiff. The defendant testified at his deposition that, at the time of the impact and immediately thereafter, he did not...

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