KULAGO v. ESPOSITO


6 A.D.2d 973 (1958)

Leonard Kulago et al., Appellants, v. Patrick Esposito, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 31, 1958


On February 8, 1956, the plaintiffs were the owners of real estate located along Route 328 in the county of Chemung. The defendant was proceeding along said route when his automobile left the highway and struck certain trees and fences of the plaintiffs for which this action to recover damages is brought. Plaintiffs produced nine witnesses, which included a deputy sheriff who investigated the accident, Joyce Marie Spittel, an eye witness, and the defendant. It

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