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POPOLIZIO v. COUNTY OF SCHENECTADY

62 A.D.3d 1181 (2009)

879 N.Y.S.2d 616

VINCENZO POPOLIZIO, Respondent-Appellant, v. COUNTY OF SCHENECTADY, Appellant-Respondent.

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

Decided May 21, 2009.

CARDONA, P.J.

On a snowy night in December 2000, plaintiff was driving on Gallupville Road in the Town of Duanesburg, Schenectady County, when he lost control of his car on a very steep downgrade and, unable to negotiate the sharp curve at the bottom of the hill, slid across the road and plunged head-on into a ditch. The ditch was 12 feet wide, more than four feet deep, V-shaped, and had steep sloping sides. The car angled...

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