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PERSAUD v. SHARK PATROL, INC.

267 A.D.2d 41 (1999)

699 N.Y.S.2d 282

DIARAM PERSAUD, Respondent, v. SHARK PATROL, INC., et al., Appellants.

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

Decided December 7, 1999.

Defendant motorist's deposition testimony to the effect that, although he was driving on a straight and level roadway at a safe speed, he never saw plaintiff's decedent crossing the street, itself raises an issue as to whether defendant motorist was driving with due care at the time of the accident in question (see, Weigand v United Traction Co., 221 N.Y. 39, 42). Defendants' argument that the decedent's reckless conduct...

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