KIRCHHOFF v. COUNTY OF ERIE


24 A.D.2d 551 (1965)

Leon Kirchhoff, Jr., as Administrator of The Estate of Leon Kirchhoff, III, Deceased, Respondent, v. County of Erie, Appellant, et al., Defendants. (Action No. 1.)

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

June 25, 1965


Judgment as to defendant County of Erie unanimously reversed on the law, without costs of this appeal to any party, and complaint as to defendant County of Erie dismissed, without costs.

Memorandum:

The operator of defendant Miranda's automobile was familiar with the place where the accident occurred for he had been traveling this highway almost daily for about six months. He was, or should have been, completely familiar...

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