WHITE v. EDISON


33 A.D.3d 514 (2006)

822 N.Y.S.2d 533

HENRY WHITE, Appellant, et al., Plaintiff, v. CONSOLIDATED EDISON, Respondent.

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

Decided October 24, 2006.


The challenged videotape depicts plaintiff on the day of the accident slowly riding a motorcycle at an event for motorcycle enthusiasts at which some of the participants were performing dangerous stunts. While the tape does not contradict plaintiff's testimony that his motorcycle lost traction because of pebbles or gravel in the street near defendant utility's excavation, nevertheless, given the eyewitness testimony that plaintiff himself performed stunts—indeed, one...

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