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HERZBERG v. CHIZZONITI

11 A.D.2d 1037 (1960)

Rita Herzberg, as Guardian ad Litem of Maxine Herzberg, an Infant, et al., Respondents, v. Sam Chizzoniti, Appellant

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

October 10, 1960

Defendant claims that he went to sleep "all of a sudden" while operating his automobile eastbound on a public highway, and that as a consequence his vehicle crossed over into the westbound lane where he struck plaintiff's vehicle and another vehicle. The defendant's explanation was that his drowsiness was a cumulative result of previously inhaling ether fumes at his place of employment during eight hours preceding the accident...

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