MATTER OF KILROY v. TOFANY


33 A.D.2d 1092 (1970)

In the Matter of Robert M. Kilroy, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Respondent

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

February 12, 1970


Determination unanimously annulled with costs.

Memorandum:

Petitioner was driving a truck about 35 miles per hour in a 50 mile per hour speed zone in a rural area on a two-lane road in the early afternoon on a clear day. A bus, not a school bus, coming from the opposite direction stopped and a 14-year-old girl alighted from it. She proceeded along the right side of the bus to the rear and then out onto petitioner's side of the road. He sounded his horn, slowed...

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