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NERO v. RIS PAPER

60 A.D.2d 340 (1978)

Beatrice A. Nero, an Infant by Her Mother and Natural Guardian, Beatrice R. Nero, et al., Respondents, v. Ris Paper Co., Inc., et al., Appellants; Janice A. Layton, Individually and as Administratrix of The Estate of Thomas W. Layton, Deceased, Respondent-Appellant, et al., Defendants. (Action No. 1.) Ronald A. Pelletier, Sr., as Administrator of The Estate of Andrea C. Pelletier, Deceased, Respondent, v. Ris Paper Co., Inc., et al., Appellants; Janice A. Layton, Individually and as Administratrix of The Estate of Thomas W. Layton, Deceased, Respondent-Appellant. (Action No. 2.)

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

January 12, 1978

Attorney(s) appearing for the Case

William F. McNulty of counsel (Anthony J. McNulty with him on the brief; Joseph F. Onorato, attorney), for Ris Paper Co., Inc., and another, appellants.

Stanley H. Kaufman of counsel (Diamond, Rutman & Costello, attorneys), for respondent-appellant.

Charles F. McGuire of counsel (Lipsig, Sullivan, Mollen & Liapakis, attorneys), for Beatrice Nero and another, respondents in Action No. 1.

Jerome J. Goldstein for Ronald A. Pelletier, Sr., respondent in Action No. 2.

BIRNS, J. P., EVANS and LYNCH, JJ., concur.

LANE, J.

This action arises out of a collision which occurred on Route 17 in Middletown, New York, at about 2:30 in the morning on October 17, 1972. Route 17 at Middletown is a highway with two eastbound lanes and two westbound lanes. The eastbound and westbound lanes are separated by a 30-foot-wide grass mall. The plaintiff, Beatrice Ann Nero, together with her girl friend Andrea C. Pelletier, was riding in...

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