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  5. 8 N.Y.2d 109 (1960)
 

COMMISSO v. MEEKER

8 N.Y.2d 109 (1960)

Rose M. Commisso, Respondent, v. Allen E. Meeker et al., Appellants.

Court of Appeals of the State of New York.

Decided June 9, 1960.

Attorney(s) appearing for the Case

Robert R. Cafarell and Martin F. Kendrick for County of Oneida and Joseph Zambon, appellants.

Kenneth W. Fuller for Allen E. Meeker, appellant.

Richard J. Darsey and John P. Gualtieri for Fradino S. Mastrangelo, appellant.

Ferdinand D. Tomaino and Harold H. Hymes for respondent.

As to defendant County of Oneida: Judges VAN VOORHIS and FOSTER concur upon the ground stated in the opinion of Judge FROESSEL and upon the further ground that the evidence is insufficient to establish its negligence as a matter of law; Judge DYE concurs in result only upon the ground that the evidence is insufficient as a matter of law to establish its negligence; Chief Judge DESMOND dissents and votes to affirm in an opinion in which Judges FULD and BURKE concur.

FROESSEL, J.

On December 22, 1957, at about 2:15 A.M., plaintiff, a 22-year-old unmarried young woman, was severely injured when an automobile operated by defendant Mastrangelo, in which she was riding as a passenger, collided with an automobile operated by defendant Meeker, on Oriskany Street in the City of Utica. Parked partly on the south shoulder of Oriskany Street — its exact position is in dispute...

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