Order reversed, on the law, with $50 costs and disbursements, and motion granted.
It is undisputed that on July 21, 1979, at approximately 11:00 P.M., the plaintiff was riding as a passenger in an automobile owned and operated by defendant on Crane Road in the Town of Carmel. Plaintiff was sitting in the right front seat of the vehicle. It was a dark night, the road was unlit and dry, and the weather was clear. The vehicle left the road, struck a tree and turned over...
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