Smith v. Malarczyk

Yesawich, Jr., J.

Appeal from a judgment of the Supreme Court in favor of defendant, entered November 15, 1984 in Ulster County, upon a verdict rendered at Trial Term (Battisti, Jr., J.).

On the morning of October 4, 1982, plaintiff Imogene Smith (hereinafter plaintiff) was en route to a dentist appointment when the automobile she was operating collided with one being driven by defendant; he had been backing out of a driveway and claims that plaintiff negligently failed to observe his car, which was stopped at the time with the rear portion in the road. Plaintiff maintained that defendant’s car…