PESCETTI v. MASTRODOMINICO


79 A.D.2d 970 (1981)

Deborah Pescetti, Respondent, v. James Mastrodominico, Appellant

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

January 5, 1981


Order reversed, with costs, and verdict reinstated.

The defendant's car, which he was operating and in which plaintiff was a passenger, left the road and struck a pole on the left hand side of the road, causing plaintiff to sustain personal injuries. Defendant testified, inter alia, that a dog "shot" in front of his car only a few feet away, and that he swerved to avoid hitting it. Plaintiff testified that shortly before the accident she "thought" defendant...

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