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LEONARD v. POMARICO

2015-01605, Index No. 11592/10.

137 A.D.3d 1085 (2016)

27 N.Y.S.3d 670

2016 NY Slip Op 02059

NANCY ELLEN LEONARD, as Administratrix of the Estate of FRANK T. HERMAN, JR., Deceased, Appellant, v. JULIO POMARICO et al., Respondents, et al., Defendants.

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

Decided March 23, 2016.

Ordered that the order is affirmed, with one bill of costs.

On July 10, 2008, the plaintiff's decedent, Frank T. Herman, was involved in a motor vehicle accident in which he sustained injuries that caused his death a few days later. The defendant Julio Pomarico and a police officer who witnessed the accident, Paul O'Brien, each testified at their depositions that, moments before the accident, Herman was driving his vehicle eastbound on Route 454 in Hauppauge, in the...

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