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HOSMER v. DISTLER

150 A.D.2d 974 (1989)

Darlene Hosmer, Individually and as Administratrix of The Estate of Robert Hosmer, Deceased, Respondent, v. William L. Distler, as Administrator of The Estate of Hugh J. Payne, Deceased, Defendant and Third-Party Plaintiff-Appellant. George C. Nichols et al., Individually and Doing Business as Barton Inn, Third-Party Defendants-Respondents

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

May 25, 1989

Yesawich, Jr., J.

At around 8:50 P.M. on July 18, 1985, after drinking and playing horseshoes at a nearby inn, Robert Hosmer was pushing his motorized bicycle across State Route 17C. Toward the middle of the road he fell while attempting to mount the bike; he got up and continued across the road, still pushing his bike, but was struck down and killed by an automobile driven by Hugh J. Payne, now deceased. Payne was a diabetic who had previously suffered...

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