SMITH v. MALARCZYK


118 A.D.2d 934 (1986)

Imogene Smith et al., Appellants, v. Emil Malarczyk, Respondent

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

March 6, 1986


Yesawich, Jr., J.

On the morning of October 4, 1982, plaintiff Imogene Smith (hereinafter plaintiff) was en route to a dentist appointment when the automobile she was operating collided with one being driven by defendant; he had been backing out of a driveway and claims that plaintiff negligently failed to observe his car, which was stopped at the time with the rear portion in the road. Plaintiff maintained that defendant's car emerged suddenly; the investigating...

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