KELSEY v. DEGAN


266 A.D.2d 843 (1999)

697 N.Y.S.2d 426

PATRICIA A. KELSEY et al., Appellants, v. BRADLEY P. DEGAN, Respondent.

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

Decided November 12, 1999.


Order unanimously reversed on the law without costs and motion granted.

Memorandum:

On September 26, 1995, Patricia A. Kelsey (plaintiff) sustained injuries when her vehicle collided with a vehicle driven by defendant. Plaintiff was proceeding north on Transit Road. Plaintiff testified at her deposition that she was driving between 40 and 45 miles per hour in a 45 mile per hour zone as she approached the intersection of Transit Road and Tonawanda Creek Road...

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