OREFICE v. BENANTE


38 A.D.2d 755 (1972)

Sarah Orefice et al., Respondents, v. John Benante, as Administrator of The Estate of Fred Benante, Deceased, Appellant

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

January 31, 1972


Interlocutory judgment affirmed, with one bill of costs jointly to respondents Orefice and De Crescenzo against appellant. In our opinion, the jury could properly conclude, upon the proof adduced (and especially upon the testimony of plaintiff De Crescenzo and of Frances Benante and the photographs of the vehicles after the accident), that the Benante vehicle was "weaving" from the left lane into the middle lane of the expressway when it was hit, in the rear of its right...

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