Order unanimously reversed on the law without costs and motion denied.
Memorandum:
On December 29, 1985, plaintiff Paul Wencek lost control of his motor vehicle while driving on South Roberts Road in the Town of Dunkirk, Chautauqua County. His vehicle allegedly went off the road's shoulder and subsequently slid on the ice, spun around, hit a snowbank and turned upside down, resulting in damage to the vehicle. Approximately 229 days later, he moved, pursuant...
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