DAVEY v. OHLER


188 A.D.2d 726 (1992)

Paul P. Davey, Plaintiff, v. William F. Ohler, Jr., Appellant, and Joseph F. Cimino et al., Respondents

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

December 3, 1992


Yesawich Jr., J. P.

Plaintiff, a passenger on a motorcycle owned and operated by defendant William F. Ohler, Jr., sustained injuries when the motorcycle collided with a car owned by defendant Dino Cimino and operated by defendant Joseph F. Cimino (hereinafter Cimino).

At his deposition, Cimino, who at the time of the accident was an employee of the Department of Transportation, testified that after arriving at the road construction site where...

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