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RACALBUTO, SR. v. REDMOND

46 A.D.3d 1051 (2007)

847 N.Y.S.2d 283

JOSEPH RACALBUTO, SR., et al., Appellants, v. JOSEPH REDMOND et al., Defendants, and COUNTY OF DELAWARE, Respondent.

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

Decided December 13, 2007.

Kane, J.

In November 2001, plaintiff Joseph Racalbuto, Sr. (hereinafter plaintiff) was driving his vehicle south on County Route 21 in the Town of Franklin, Delaware County. When plaintiff attempted to make a left-hand turn onto Bennett Hollow Road, his vehicle was struck by a car driven by defendant Joseph Redmond, III, who was traveling north on County Route 21. The T-intersection between these roads is located at the crest of a hill. Each driver indicated that...

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