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PANARIELLO v. BALLINGER

248 A.D.2d 452 (1998)

670 N.Y.S.2d 41

Marilyn Panariello, Respondent, v. David M. Ballinger et al., Appellants

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

March 9, 1998

Ordered that the order is affirmed, with costs.

The plaintiff was injured when she was struck by an automobile driven by the defendant David M. Ballinger. At the time of the accident, the plaintiff was standing on a double yellow line in the middle of the road. The jury found that Ballinger was negligent, but that his negligence was not the proximate cause of the accident. The plaintiff moved to set aside the verdict, and the court granted the motion on the ground...

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