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CARPENTER v. COUNTY OF ESSEX

506739.

67 A.D.3d 1106 (2009)

888 N.Y.S.2d 278

2009 NY Slip Op 07911

THOMAS E. CARPENTER, as Administrator of the Estate of BRIAN T. CARPENTER, Deceased, Respondent, v. COUNTY OF ESSEX, Appellant. (Action No. 1.) DAVID MALBON et al., Individually and as Parents and Guardians of DAVID MALBON II, Respondents, v. COUNTY OF ESSEX, Appellant, and THOMAS E. CARPENTER, Individually and as Administrator of the Estate of BRIAN T. CARPENTER, Deceased, Respondent. (And a Third-Party Action.) (Action No. 2.)

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

Decided November 5, 2009.

Kane, J.

In 2005, an automobile accident occurred in Essex County that resulted in the death of the driver (hereinafter decedent), the permanent and grievous injury of the front-seat passenger, and the injury of the back-seat passenger. The accident occurred while the three young men were driving southbound on County Route 7 when their vehicle entered a curve. It is alleged that decedent swerved to avoid an oncoming county truck, ran off the edge of the right side...

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