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SCHLIMMEYER v. YURKIW

50 A.D.2d 616 (1975)

William H. Schlimmeyer, as Father and Natural Guardian of John H. Schlimmeyer, an Infant, et al., Respondents, v. Mark Yurkiw et al., Appellants. (Action No. 1.) Mark Yurkiw, Appellant, v. Keith MacKechnie et al., Respondents, (Action No. 2.)

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

November 6, 1975

The infant plaintiff, John H. Schlimmeyer, was injured while riding as a passenger in a vehicle owned and operated by Mark Yurkiw when it collided with a vehicle owned by one James Murtha and operated by Keith MacKechnie on County Road 47 in Sullivan County. The accident occurred on June 10, 1972 about 3:00 o'clock in the afternoon. The road was clear and dry, albeit winding and bumpy, and the vehicles were traveling in opposite directions. Each driver contends he was on...

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