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FERRIS v. GROGAN

511276.

84 A.D.3d 1571 (2011)

922 N.Y.S.2d 634

JARED T. FERRIS, Appellant, v. MARK M. GROGAN, Respondent.

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

Decided May 12, 2011.

MALONE Jr., J.

Plaintiff was driving northbound on West River Road in the Town of Moreau, Saratoga County at approximately 11:30 P.M. on January 21, 2009 when he fell asleep and his vehicle veered off the road to the west, struck a tree, and came to rest perpendicularly to the road so that the back end of his vehicle extended approximately six feet into the southbound lane. Plaintiff exited his vehicle, which was inoperable...

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