GRIFFEN v. GRISWOLD


114 A.D.2d 596 (1985)

Joseph J. Griffen, III, an Infant, by Joseph J. Griffen, Jr., His Parent, et al., Respondents, v. Gary Griswold et al., Respondents, and Peter Calhoun, Appellant

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

October 17, 1985


Levine, J.

On August 26, 1980, the infant plaintiff (hereinafter plaintiff) was driving a truck in a northerly direction on Route 40, a two-lane highway in the Town of Schaghticoke, Rensselaer County, following a slower-moving vehicle. At a straightaway in the road, plaintiff decided to pass, accelerated and then pulled into the southbound lane. As plaintiff drew even with the slower vehicle, a blue station wagon exited from a driveway leading to a gravel...

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