Ordered that the order is affirmed, with costs.
On May 27, 2012, at approximately 3:00 a.m., a vehicle driven by nonparty Joseph Barbato, who was intoxicated and may have fallen asleep while driving, swerved across a double-yellow line and into a vehicle that was being driven in the opposite direction by the defendant. The plaintiff, who was seated in the passenger seat of the defendant's vehicle, suffered injuries as a result of this accident.
The plaintiff...
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