ANDERSON v. KRAUSS


204 A.D.2d 1074 (1994)

612 N.Y.S.2d 521

Beatrice M. Anderson et al., Appellants, v. William Krauss et al., Respondents

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

May 27, 1994


Judgment unanimously reversed on the law with costs and new trial granted.

Memorandum:

Defendant William Krauss testified that, shortly after 6:00 P.M. on December 24, 1986, he was driving his 1986 Toyota on Semton Boulevard in Franklin Square, New York, at a speed of about 20 miles per hour. It was raining and foggy and visibility was poor. He heard his vehicle strike something in the street. He stopped his vehicle to

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