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REID v. HART

218 A.D.2d 897 (1995)

630 N.Y.S.2d 953

Debra Reid, Individually and as Parent and Guardian of Kayla Wesselman, et al., Infants, Respondent, v. Brian Hart et al., Defendants, and David Wesselman, Appellant. (And Another Related Action.)

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

August 10, 1995

Order affirmed, upon the opinion of Justice Robert P. Best.

Mikoll, J. (dissenting).

We respectfully dissent. In our view the credible proof before Supreme Court on the motion for summary judgment permitted no other reasonable conclusion but that defendant David Wesselman was suddenly confronted with the oncoming vehicle driven by defendant Brian Hart in Wesselman's lane of travel at the crest of the...

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