NOVICZSKI v. HOMEYER


238 A.D.2d 860 (1997)

656 N.Y.S.2d 557

James F. Noviczski, Respondent, v. John E. Homeyer et al., Appellants

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

April 24, 1997


Cardona, P. J.

This appeal concerns a two-vehicle accident occurring on February 12, 1991 at approximately 7:00 P.M. At the time, it was dark outside and the weather was clear. Defendant John E. Homeyer was attempting to back a white 65-foot tractor-trailer owned by defendant Gypsum Haulage, Inc. into his driveway on the north side of State Route 81, an unlit highway located in the Town of Coxsackie, Greene County. The portion of the two-lane road directly...

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