KOUMP v. SMITH


25 N.Y.2d 287 (1969)

Valentin Koump, Appellant, v. James E. Smith, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1969.


Attorney(s) appearing for the Case

Norman E. Henkin for appellant.

Joseph G. Owen for respondent.

Chief Judge FULD and Judges BURKE, BREITEL and JASEN concur; Judge BERGAN concurs in result in a separate memorandum.


SCILEPPI, J.

This is an action to recover damages for personal injuries. Plaintiff was allegedly injured when the defendant drove his vehicle across the center divider of Route 304 at New City, New York, crashing head-on into plaintiff's vehicle. The complaint alleges, inter alia, that prior to the accident defendant consumed alcoholic beverages; that at the time of

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