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PIERSON v. DAYTON

168 A.D.2d 173 (1991)

Donald E. Pierson, Individually and as Administrator of The Estate of Laurie A. Pierson, et al., Appellants, v. James Dayton et al., Respondents

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

June 7, 1991

Attorney(s) appearing for the Case

Merkel & Merkel (Hilary A. Merkel of counsel), for appellants.

Harter, Secrest & Emery (Theresa A. Conroy of counsel), for respondents.

CALLAHAN, J. P., BOOMER, GREEN and BALIO, JJ., concur.

DOERR, J.

On October 23, 1988, at about 6:00 P.M., plaintiffs' decedent, 17-year-old Laurie Pierson, was driving a 1985 Chevrolet Camaro owned by defendant Douglas Dayton. Laurie had a learner's permit and defendant James Dayton, Douglas's son, who was a licensed driver, was in the front passenger seat. The roads were wet that evening. On County Road 25 in the Town of Phelps, on a straight portion of the road...

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