BENOIT v. TRAVAGLINI


43 A.D.2d 587 (1973)

Heide M. Benoit, Appellant, v. Marian Travaglini et al., Respondents. (And a Third-Party Action.)

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

November 26, 1973


Judgment affirmed, without costs.

This action arose out of an accident which occurred on September 3, 1966 on Mitchell Drive at Sherry Drive in the Town of Clarkstown. Plaintiff was injured while riding as a passenger in an automobile driven by defendant Marcin and owned by defendant Travaglini. Plaintiff claimed that the front wheels of the car sank into the dirt of a recently filled trench which extended across Mitchell...

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