SIMMONS v. STILES


43 A.D.2d 417 (1974)

Robert Simmons, Jr., by his Father, Robert Simmons, Sr., Appellant, v. Everest Stiles, Respondent

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

February 21, 1974.


Attorney(s) appearing for the Case

Brown, Clements & Silver (Mahlon T. Clements of counsel), for appellant.

Willmott, Aylward, Wisner, McAloon & Scanlon (Daniel Scanlon, Jr., of counsel), for respondent.

COOKE, SWEENEY, KANE and MAIN, JJ., concur.


GREENBLOTT, J. P.

This is an appeal from a judgment of the Supreme Court, entered October 6, 1971 in St. Lawrence County, upon a jury verdict rendered in favor of defendant.

On the night of July 7, 1968, plaintiff was riding as a passenger on defendant's motorcycle. As the vehicle approached a portion of the road which curves to the left up a slight grade, the motorcycle failed to negotiate the curve, left the road on the right side, and struck...

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