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ARRIGO v. CONWAY

36 A.D.2d 215 (1971)

Joseph Arrigo, Appellant, v. Joseph T. Conway et al., Respondents

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

April 8, 1971.

Attorney(s) appearing for the Case

Brownstein, Canale, Madden & Brownstein (John J. Madden of counsel), for appellant.

O'Shea, Adamson, Reynolds & Napier (John E. Adamson, Jr., of counsel), for Joseph T. Conway, respondent.

Brown, Kelly, Turner, Hassett & Leach (Paul M. Hassett of counsel), for Henrietta Van Schoonhoven, respondent.

MARSH, J., concurs with MOULE, J.; CARDAMONE, J., concurs in a separate opinion; DEL VECCHIO, J. P., dissents and votes to reverse on the law and grant a new trial in an opinion in which GABRIELLI, J., concurs.

MOULE, J.

Plaintiff and defendant Conway were traveling southerly on a four-lane highway which had two lanes for southbound traffic and two lanes for northbound traffic, separated by a double yellow line. After a number of unsuccessful efforts plaintiff passed the Conway car, and then stopped for a red traffic light at an intersection. It was dark and the lighting in the area of the intersection was poor. Plaintiff testified that while stopped, his car...

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