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DEON v. FORTUNA JR.

283 A.D.2d 388 (2001)

724 N.Y.S.2d 450

RICHARD DEON et al., Appellants, v. FRANK A. FORTUNA, JR., Respondent.

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

Decided May 7, 2001.

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

The plaintiff Richard Deon and his daughter, the infant plaintiff Louise Deon, were injured when their automobile was struck by a vehicle operated by the defendant. Sobriety tests administered at the scene revealed that the defendant had a blood alcohol level of .10%, and he subsequently pleaded guilty to a misdemeanor charge of driving while intoxicated.

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