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RAINBOW v. ELIA BLDG. CO.

79 A.D.2d 287 (1981)

Roger L. Rainbow, Appellant, v. Albert Elia Building Co., Inc., et al., Respondents

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

February 26, 1981

Attorney(s) appearing for the Case

Paul William Beltz, P. C. (Russell Quinlan of counsel), for appellant.

Hurwitz & Fine, P. C. (Sheldon Hurwitz of counsel), for Harley-Davidson, respondent.

Hodgson, Russ, Andrews, Woods & Goodyear (R. William Larson of counsel), for Albert Elia Building Co., Inc., respondent.

HANCOCK, JR., and MOULE, JJ., concur with SIMONS, J.; CARDAMONE, J. P., and CALLAHAN, J., dissent and vote to reverse in part and grant a new trial as to defendant Harley-Davidson, in an opinion by CARDAMONE, J. P.

SIMONS, J.

Plaintiff was injured about 12:30 A.M. on July 19, 1970 when he drove his motorcycle southerly into the rear of an automobile parked on the shoulder of Townline Road in Niagara County. The highway north of the accident scene was four lanes wide and the accident happened beyond a point where the road narrowed from four to two lanes. Plaintiff, proceeding in the right lane, drove straight ahead onto...

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