TRENT v. TOWN OF RIVERHEAD


247 A.D.2d 606 (1998)

669 N.Y.S.2d 230

Herbert Trent et al., Appellants, v. Town of Riverhead, Defendant, Wayne E. Boyd et al., Respondents, and Paulette A. Trent, Appellant

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

February 23, 1998


Ordered that the order is reversed, with one bill of costs, and the motion is denied.

This action arises out of an automobile accident in which vehicles driven by the defendants Paulette A. Trent and Wayne E. Boyd were traveling on a two-lane road in opposite directions when they collided. Contrary to the holding of the Supreme Court, we hold, based on the conflicting testimony of the two drivers, that an issue of fact exists as to whether or not either or both vehicles...

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