Madden v. Town of Greene
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtStein, J.
Appeal from an order of the Supreme Court (Rumsey, *1427J.), entered March 23, 2011 in Chenango County, which partially denied a motion by defendant Town of Greene to preclude certain evidence.
In June 2003, plaintiff Kurtis R. Madden (hereinafter plaintiff) was seriously injured in a motor vehicle accident while driving with a friend on Hotchkiss Road in the Town of Greene, Chenango County. While plaintiff has no memory of the accident, his passenger testified at a General Municipal Law § 50-h hearing that plaintiff lost control of the vehicle while reacting to an oncoming dump truck that appeared…
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