Pretto v. Leiwant

otherwise dissents and votes to affirm the judgment insofar as appealed from, with the following memorandum: The evidence adduced at trial showed that on April 24, 1976, defendant Sherry Leiwant (héreafter defendant) was driving east on Northern Boulevard in Nassau County. It had been raining and the roadway was wet. As she approached the intersection of Wolver Hollow Road,* where the traffic light was red, the car she was operating skidded, crossed over into the opposite lanes of traffic, and col*581lided with plaintiff Traugot’s vehicle. At trial, plaintiffs only presented circumstantial…