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SOTO v. CITY OF NEW YORK

63 A.D.3d 1035 (2009)

HERMAN SOTO, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided June 23, 2009.

Ordered that the judgment is affirmed, with costs.

The plaintiff was injured in the early morning hours of February 8, 1997, while driving his vehicle on Highland Boulevard in Highland Park in Brooklyn. The plaintiff testified that he swerved from the southbound lane into the northbound lane to avoid an oncoming vehicle in his lane. In the process, the plaintiff lost control of his vehicle and collided with a tree located...

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