Adamy v. Ziriakus

Order unanimously reversed on the law without costs, motion granted and complaint against defendant Niagara Mohawk Power Corporation dismissed. Memorandum: Plaintiffs decedent was killed as a result of a collision between his vehicle and one driven by defendant Mark T. Ziriakus. Decedent’s vehicle struck a utility pole located seven feet from the edge of the paved roadway and .6 feet from the edge of the New York State right-of-way. Ziriakus was convicted of DWI and failure to yield the right-of-way.

The IAS Court erred in denying defendant Niagara Mohawk Power Corporation’s motion for summary…