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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