TROMBETTA v. CONKLING


187 A.D.2d 213 (1993)

Darlene Trombetta, Respondent, v. Fred J. Conkling et al., Appellants

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

February 5, 1993


Attorney(s) appearing for the Case

Petrone & Petrone, Utica (James P. Godemann of counsel), for appellants.

Louis T. Brindisi and Anthony A. Murad, Utica, for respondent.

CALLAHAN, J. P., GREEN, LAWTON and BOEHM, JJ., concur.


DOERR, J.

On November 10, 1989, at about 4:45 P.M., plaintiff, Darlene Trombetta, and her aunt, 59-year-old Phyllis Fisher, were crossing Wurz Avenue in the City of Utica. They were walking in the painted crosswalk and were about halfway across the street when plaintiff saw a tractor-trailer truck, driven by defendant Fred J. Conkling and owned by defendant Universal Waste, Inc., coming toward them. Realizing...

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