WITMER v. SMITH


179 A.D.2d 1026 (1992)

John T. Witmer, Iii, et al., Appellants-Respondents, v. James M. Smith, Respondent-Appellant

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

January 31, 1992


Judgment unanimously modified on the law and as modified affirmed without costs and new trial granted on the issue of damages, in accordance with the following Memorandum: Plaintiff John T. Witmer, III was injured while driving his motorcycle to work on September 21, 1984. He began to pass defendant's station wagon on the left just as defendant started a left turn onto Handy Road in the Town of Elma, and he was thrown from his motorcycle. A new trial is required with respect...

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