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CARTER v. MASKELL

192 A.D.2d 898 (1993)

596 N.Y.S.2d 595

Kenneth Carter et al., Appellants, v. Anthony Maskell et al., Respondents

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

April 22, 1993

Yesawich Jr., J.

This action was brought as a result of an early morning accident that occurred on November 28, 1986 on State Route 3 in the Town of Saranac Lake, Clinton County, when plaintiff Kenneth Carter (hereinafter plaintiff), who was traveling in an easterly direction, was allegedly run off the road by an oncoming tractor trailer (hereinafter the phantom trailer). In avoiding the phantom trailer, plaintiff...

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