BERGER v. SEEFRIED


254 A.D.2d 320 (1998)

678 N.Y.S.2d 641

Michelle A. Berger et al., Appellants, v. Philip W. Seefried et al., Respondents

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

October 13, 1998


Ordered that the judgment is reversed and a new trial is granted on the issue of liability, with costs to abide the event.

On the night of January 10, 1987, the defendant Susan I. Seefried was driving her father's vehicle southbound on Hempstead Avenue. Witnesses described the weather that evening as "misty", "rainy", and "drizzling". In an attempt to pass vehicles ahead of her in the southbound lane, Ms. Seefried directed her vehicle partially across the broken yellow...

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