Mercurio v. State

The Holiday Motel is located on the north side of Route 5 approximately one and one-half miles east of the city line of Utica, New York. In the general vicinity of the motel the aforesaid highway is 22 feet wide with 9-foot shoulders. It is paved with macadam placed on concrete. The highway is graded three sixteenths of an inch per foot from the center thereof. For approximately 500 feet east and west of the motel the highway is substantially at grade and for all practical purposes can be considered quite flat. For approximately 600 feet east of the motel the highway alignment is straight.…