POWELL JR. v. TUYN


306 A.D.2d 335 (2003)

760 N.Y.S.2d 665

ALFRED V. POWELL, JR., Appellant, v. ALICIA E. TUYN, Respondent.

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

Decided June 9, 2003.


Ordered that the judgment is reversed, on the law and the facts, the motion is granted, the complaint is reinstated, and a new trial is granted, with costs to abide the event.

This action arose when the plaintiff's decedent was struck and killed by an automobile driven by the defendant. At the time of the accident, the decedent, a pedestrian, was crossing a three-lane roadway and was within the designated crosswalk. Nonparty witnesses testified that the decedent had...

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