WEARY v. HOLMES


249 A.D.2d 957 (1998)

672 N.Y.S.2d 565

Moses Weary, Jr., et al., Appellants, v. John K. Holmes, Respondent, et al., Defendants

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

April 29, 1998


Order unanimously reversed on the law without costs, motion denied and complaint against defendant John K. Holmes reinstated.

Memorandum:

John K. Holmes (defendant) was involved in a one-vehicle accident as he was traveling in the right westbound lane of the Kensington Expressway after his vehicle hit an accumulation of water on the roadway and began to hydroplane. Defendant lost control of his vehicle, which veered to the right, then to the left, and finally...

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