STEINHAUS v. AMERICAN HOME PRODUCTS CORPORATION


18 A.D.3d 312 (2005)

795 N.Y.S.2d 41

ALAN STEINHAUS, Respondent, v. AMERICAN HOME PRODUCTS CORPORATION, Appellant, et al., Defendant.

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

May 17, 2005.


While he was crossing Lexington Avenue at the intersection with East 60th Street, plaintiff was struck and knocked down by a truck that left the scene of the accident. At a deposition conducted in connection with plaintiff's application for no-fault insurance benefits, he testified that it was still dark at about 6:40 A.M. on December 9, 1998, as he waited for the traffic light to change. On his way to his job as a mail clerk, plaintiff wore dark clothing and carried a black...

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