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STIVER v. GOOD & FAIR CARTING

9 N.Y.3d 253 (2007)

878 N.E.2d 1001

848 N.Y.S.2d 585

GREGORY G. STIVER et al., Appellants, v. GOOD & FAIR CARTING & MOVING, INC., Respondent.

Court of Appeals of the State of New York.

Decided November 19, 2007.

Attorney(s) appearing for the Case

Edward C. Cosgrove, Buffalo, for appellants.

Thorn Gershon Tymann and Bonanni, LLP, Albany (Erin Mead of counsel), for respondent.

Fiedelman & McGaw, Jericho (Andrew Zajac and Dawn C. DeSimone of counsel), Martin F. Hayes, Rona L. Platt and Brendan T. Fitzpatrick for Defense Association of New York, Inc., amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH and JONES concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

READ, J.

In the dusk of the evening of August 8, 2001, plaintiff Gregory G. Stiver was driving his automobile in the eastbound center lane of a divided highway in Tonawanda. The weather was fine; traffic was moderately heavy. Without warning, the vehicle immediately ahead of him shifted abruptly into the righthand lane. When plaintiff "looked to see what [this driver] was swerving to miss and started to apply the brakes," he saw a car...

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