DEAR v. FALK


252 A.D.2d 961 (1998)

676 N.Y.S.2d 362

Virginia A. Dear, Individually and as Administratrix of The Estate of George S. Dear, Jr., Deceased, Appellant, v. James J. Falk et al., Defendants, and Sealand Contractors Corp., Respondent. (Appeal No. 2.)

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

July 8, 1998


Order unanimously affirmed without costs.

Memorandum:

In January 1995 plaintiff's decedent, who had stopped along Interstate 490 East to help a stranded motorist, was struck and killed by a car whose operator lost control. At the time of the accident, the roadway in the area was being reconstructed and widened, although actual construction work had been shut down for the winter season. Plaintiff sued the operator...

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