IOVINE v. STATE

Claim No. 114517. 2017-06838.

165 A.D.3d 766 (2018)

85 N.Y.S.3d 520

2018 NY Slip Op 06723

Robin J. Iovine, Individually and as Administratrix of the Estate of Vincent M. Iovine, Deceased, Respondent, v. State of New York, Appellant.

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

Decided October 10, 2018.


Ordered that the corrected judgment is reversed, on the law, with costs, the interlocutory judgment dated December 22, 2014, is vacated, and the claim is dismissed.

On August 28, 2006, the claimant's decedent was driving his motorcycle east on Sunrise Highway, Route 27, in Nassau County, at a speed of at least 62 miles per hour. The speed limit was 45 miles per hour. The decedent also had cocaine in his system. At the same time, nonparty Guadalupe Carranca was in...

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