Weise v. Lazore

Appeal from a judgment of the Supreme Court in favor of defendants, entered March 14,1983 in Franklin County, upon a dismissal of the complaint by the court at Trial Term (Shea, J.), at the close of plaintiff’s case. On November 11, 1979 at approximately 3:30 a.m., plaintiff’s decedent was riding his bicycle in the Town of Westville, Franklin County, on Route 37, an unlit two-lane, essentially level, highway. While in the middle of the southbound lane, he was struck and killed by a 1974 Oldsmobile driven by defendant Jeffrey Lazore and owned by his aunt, defendant Betty Lazore. Although it…