DICOCCO v. CENTER FOR DEVELOPMENTAL DISABILITIES, INC.


264 A.D.2d 803 (1999)

695 N.Y.S.2d 612

JOHN C. DICOCCO, Appellant, v. CENTER FOR DEVELOPMENTAL DISABILITIES, INC., et al., Respondents, et al., Defendant.

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

Decided September 27, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The evidence established that on September 26, 1994, at approximately 7:30 P.M., the appellant's decedent, Eleazar Garcia, was struck and killed by a vehicle owned by the respondent Center for Developmental Disabilities, Inc., and operated by the respondent Anthony Anes, as he crossed Route 107 in Nassau County. At the site of the accident, Route 107 is a busy five-lane thoroughfare with no marked...

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