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MESSINGER v. FESTA

94 A.D.2d 792 (1983)

Donna Messinger, Appellant, v. Alfred Festa, Defendant, and Rochester Gas & Electric Corp., Defendant and Third-Party Plaintiff-Respondent. Town of Sterling, Third-Party Defendant-Respondent

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

May 31, 1983

Order reversed, without costs or disbursements, and motions for a change of venue denied.

In September, 1981 plaintiff, a student at SUNY at Oswego and a resident of Rockland County, was a passenger in a car driven by defendant Alfred Festa. While the car was being driven over a dirt road skirting a cliff overlooking Lake Ontario, it went over the cliff, causing injuries that resulted in plaintiff becoming a paraplegic. Two of the other passengers in the car were...

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