Guevara v. Zaharakis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Schmidt, J.), dated February 19, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
*556The Supreme Court properly considered the police accident report submitted on the defendants’ motion for summary judgment, which contained a statement by the plaintiff Nemesio Guevara (hereinafter Guevara) that he had fallen asleep while driving and that his vehicle had crossed into oncoming…
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