COPELAND v. BOLTON

513977.

101 A.D.3d 1283 (2012)

956 N.Y.S.2d 231

2012 NY Slip Op 8591

JIMMEL T. COPELAND, Respondent, v. ERIC J. BOLTON, Defendant, and JARED D. ZITWER et al., Appellants.

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

December 13, 2012.


Stein, J.

In the early morning hours of New Year's Day in 2009, plaintiff was walking north along the white fog line on US Route 9 near the intersection of Route 9 and Plant Road in the Town of Halfmoon, Saratoga County. In that location, Route 9 consists of two traveling lanes in each direction, with a turning lane separating the four lanes in the middle. When he attempted to cross the northbound lanes of Route 9, plaintiff was struck by a vehicle driven by defendant...

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