LAWTON v. HOLT


238 A.D.2d 218 (1997)

656 N.Y.S.2d 252

Mark D. Lawton, Appellant, v. William G. Holt et al., Respondents

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

April 17, 1997


Plaintiff's fault for the accident is conclusively established by the uncontested evidence that his car skidded over the double yellow lines separating eastbound from westbound traffic and crashed into defendant's truck, which was lawfully proceeding in an eastbound lane of traffic. No issue of fact is raised by plaintiff's claim that he saw truck lights swerving into his path just before the accident. The skid marks from plaintiff's car and the position of both vehicles...

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