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GRANT v. NEMBHARD

513698.

94 A.D.3d 1397 (2012)

943 N.Y.S.2d 272

2012 NY Slip Op 3263

KENIETRA GRANT, Individually and as Parent and Guardian of JAYLEEN K. MUNOZ, an Infant, Respondent-Appellant, v. ESTEVAN W. NEMBHARD, Respondent-Appellant, and LYDIA TYNER, Appellant-Respondent, and SHARNIQUE L. REYNOLDS et al., Respondents.

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

Decided April 26, 2012.

LAHTINEN, J.

This case arises from a motor vehicle accident that occurred on May 11, 2008, shortly before 4:00 A.M., on the northbound side of Interstate 87 in the Town of Tuxedo, Orange County. Defendant Sharnique L. Reynolds was traveling north and, shortly after allegedly passing a rest stop, she pulled the vehicle she was driving onto the shoulder and stopped because she had a headache and was drowsy. A vehicle driven by defendant

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