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PFAFFENBACH v. WHITE PLAINS EXP. CORP.

17 N.Y.2d 132 (1966)

Evelyn Pfaffenbach, Appellant, v. White Plains Express Corp., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 24, 1966.

Attorney(s) appearing for the Case

William J. Collier, Jr., for appellant.

Michael A. Hayes, Jr., for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, SCILEPPI and KEATING concur with Judge BERGAN; Judge BURKE concurs in a separate opinion.

BERGAN, J.

Plaintiff was riding as a passenger in an automobile proceeding northerly on Route 117 near Mount Kisco. It was raining or snowing; there was slush on the road surface and it was slippery. A truck of defendant White Plains Express Corp., moving southerly on the road, came over into the northbound lane and struck the car in which plaintiff was riding. Plaintiff was injured.

Defendant at the...

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