ANDRE v. POMEROY


35 N.Y.2d 361 (1974)

Diane P. Andre, Appellant, v. Jean S. Pomeroy, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided November 21, 1974.


Attorney(s) appearing for the Case

Arthur N. Seiff and George A. Berkowitz for appellant.

Gerald E. McCloseky and Rocco Conte for respondent.

Judges GABRIELLI, JONES and STEVENS concur with Judge WACHTLER; Chief Judge BREITEL dissents and votes to affirm in a separate opinion in which Judges JASEN and RABIN concur.


WACHTLER, J.

Plaintiff in this personal injury action claims that she is entitled to summary judgment. We agree that on the facts of this particular case the motion should be granted.

The facts are uncontested. On November 6, 1969 the defendant, Jean Pomeroy, was driving her car on North Broadway in White Plains. It was early in the morning, and the traffic was heavy or as the defendant herself stated...

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