BISHOP v. SUMNER


67 A.D.2d 797 (1979)

Donna L. Bishop, Respondent, v. William R. Sumner, Appellant

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

January 25, 1979


At about 7:30 P.M. in the evening of April 15, 1975, plaintiff was riding as a passenger on defendant's 1974 Honda 750 motorcycle. They were proceeding northerly on East River Road at a speed of about 50 miles per hour, according to defendant, or 60 miles per hour, according to plaintiff. It was dark, but the night was clear and moonlit. Plaintiff testified that, as they were proceeding along the road, she saw a deer facing east near the left side of the road about 300 feet...

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