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DiMARCO v. VERONE

147 A.D.2d 671 (1989)

Richard S. DiMarco, Appellant, v. Anthony Verone et al., Defendants, and Consolidated Rail Corporation, Also Known as Conrail, Respondent

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

February 27, 1989

Ordered that the judgment is affirmed with costs.

Sometime in the early morning of December 9, 1984, the automobile in which the plaintiff was a passenger left the traveled portion of Titusville Road, in Dutchess County, and struck a signal-light post located one car's width off the shoulder of the road. The signal-light post was owned by the respondent Consolidated Rail Corporation (hereinafter Conrail). At his examination before trial, the plaintiff admitted that...

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