CARTER v. SMALLS


162 A.D.2d 431 (1990)

Sam Carter, Respondent, v. Curtis Smalls et al., Appellants

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

June 4, 1990


Ordered that the order is affirmed, with costs.

On January 11, 1986, at approximately 2:15 A.M. on a clear, dry night, the defendant driver Curtis Smalls struck and injured the plaintiff pedestrian at a point at or near the double yellow line of Jackson Street in Hempstead near Station Plaza. It was undisputed at trial that Jackson Street was a straight, well-illuminated, four-lane road and at the time of the incident the street was empty of cars other than the defendants...

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