Carter v. Maskell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtYesawich Jr., J.
Appeal from an order of the Supreme Court (Ryan, Jr., J.), entered March 9, 1992 in Clinton County, which granted defendants’ motion for summary judgment dismissing the complaint.
This action was brought as a result of an early morning accident that occurred on November 28, 1986 on State Route 3 in the Town of Saranac Lake, Clinton County, when plaintiff Kenneth Carter (hereinafter plaintiff), who was traveling in an easterly direction, was allegedly run off the road by an oncoming tractor trailer (hereinafter the phantom trailer). In *899avoiding the phantom trailer, plaintiffs tractor trailer…
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