CALHOUN v. ALLEN


38 Misc.3d 171 (2011)

951 N.Y.S.2d 641

2011 NY Slip Op 21485

MARGARET A. CALHOUN et al., Plaintiffs, v. DARRYL G. ALLEN et al., Defendants.

Supreme Court, Allegany County.

October 28, 2011.


Attorney(s) appearing for the Case

Smith Mazure ( J. Jay Young of counsel), for Alamo Financing LP and others, defendants. Lipsitz, Green, Scime, Cambria LLP ( Michele A. Braun of counsel), for plaintiffs.


OPINION OF THE COURT

THOMAS P. BROWN, J.

The parties do not dispute that, on July 2, 2006, Margaret Calhoun was driving a car with her son, David P. Calhoun, as a front seat passenger when it collided with another car driven by defendant Darryl G. Allen. Both of the Calhouns were injured. Each of them filed a lawsuit alleging that defendant Allen caused the accident by negligently driving his vehicle across the centerline of the roadway, New York State Route...

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