PELLICANO v. LEE


89 A.D.2d 995 (1982)

Fortunato Pellicano et al., Appellants, v. Thomas J. Lee et al., Respondents

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

September 20, 1982


Judgment reversed, on the facts, and new trial granted, with costs to abide the event. On August 4, 1977, at about 9:30 A.M., the plaintiff driver (hereinafter plaintiff), accompanied by his wife and two children, was transporting a die base to a customer some 40 miles away in his station wagon on the eastbound roadway of Route 84, about a mile west of Exit 19. The day was dry and sunny and he was driving in the right-hand lane of the two-lane eastbound road,

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