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GOODE v. MEYN

165 A.D.2d 436 (1991)

Christopher G. Goode et al., Appellants, v. Maureen A. Meyn et al., Respondents

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

April 4, 1991

Attorney(s) appearing for the Case

O'Hara & Augello (Thomas N. O'Hara of counsel), for appellants.

Goldblum & DiCicco (Robert Markewich of counsel), for Maureen A. Meyn and another, respondents.

Maynard, O'Connor & Smith (Christine Kirwin Krackeler of counsel), for Rhinebeck Central School District, respondent.

YESAWICH, JR., and MERCURE, JJ., concur in a Per Curiam opinion; LEVINE AND MIKOLL, JJ., concur as to defendants Richard Osterhoudt and Rhinebeck Central School District but dissent as to defendant Maureen A. Meyn in an opinion by LEVINE, J.; CASEY, J. P., concurs as to defendant Maureen A. Meyn but dissents as to defendants Richard Osterhoudt and Rhinebeck Central School District in a separate opinion.

Per Curiam.

Plaintiff Christopher G. Goode (hereinafter plaintiff) was injured on December 3, 1986 at about 6:00 P.M. when he was struck by an automobile driven by defendant Maureen A. Meyn while standing on the roadway of State Route 308 in the Town of Rhinebeck, Dutchess County. The sequence of events leading to the accident was undisputed at the trial. Shortly before the accident, an empty school bus owned by defendant...

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