Plaintiff was the holder of a learner's permit for the operation of a motorcycle and could exercise driving privileges under it only when controlled and supervised by the possessor of a valid license for that type of vehicle (Vehicle and Traffic Law, § 501, subd 5, pars [a], [c]; 15 NYCRR 3.4 [g]; 15 NYCRR 3.2 [c] [6]). On May 28, 1973 he was operating his motorcycle on New York State Route 9W in company with such a person, the third-party defendant herein. It had been...
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