Bergeron v. Hyer

*1002Judgment unanimously affirmed, without costs. Memorandum: The plaintiff and defendant were relatives who met at a bowling alley in the Town of Bath at approximately 4:30 p.m. on the date of the accident. After remaining there for about a half hour during which time the plaintiff and defendant consumed some beer, they left the bowling alley and went to the home of the defendant, Roger Hyer, who was driving an automobile owned by defendant, Linda Hyer. Here the parties’ testimony becomes divergent in that plaintiff testified when they left the Hyers’ house they went immediately to the Flamingo…