JONES v. WISSENBACH


80 A.D.2d 962 (1981)

Elba Jones, Appellant, v. David W. Wissenbach, Respondent

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

March 12, 1981


Special Term properly denied plaintiff's motion for summary judgment in this negligence action arising out of an accident involving an automobile operated by defendant and the plaintiff, a pedestrian. On August 2, 1977, at about 7:00 A.M., the 18-year-old defendant and two younger teen-age passengers were driving from Cobleskill to Oneonta, New York, to attend summer school. The 50-year-old plaintiff, an employee of the S. J. Groves Construction Company, was about to start...

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