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HARVEY v. DILENO

35 A.D.2d 668 (1970)

Laura A. Harvey et al., Respondents, v. James Dileno, Jr., et al., Appellants

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

September 21, 1970

Order reversed, without costs, and plaintiffs' motion denied.

In our opinion, the record presents triable issues as to the alleged negligence of the defendant driver in falling asleep at the wheel of the automobile while driving (Cicero v. Clark, 23 A.D.2d 583; Smith v. McIntyre, 20 A.D.2d 711; Donahue v. Romahn, 10 A.D.2d 637

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