MacNAB v. PELKEY


293 A.D.2d 896 (2002)

740 N.Y.S.2d 711

ALICE H. MacNAB et al., Appellants, v. RICK A. PELKEY, Respondent, and GERALD F. SPOOR et al., Appellants, et al., Defendants.

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

Decided April 18, 2002.


Mercure, J.P.

This action arises out of an automobile collision that took place on February 2, 1993 on County Route 23 in the Town of North Elba, Essex County. As defendant Rick A. Pelkey (hereinafter defendant) drove his automobile west on Route 23, plaintiff Alice H. MacNab (hereinafter plaintiff) pulled out of a private driveway and into defendant's path, and defendant's vehicle struck the driver's side of plaintiff's vehicle. Following joinder of issue and discovery...

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