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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