Saba v. Montgomery

— Kane, J. P.

Appeals from two orders of the Supreme Court, entered October 16, 1985 and October 25, 1985 in Broome County, which set aside a verdict in favor of defendants rendered at Trial Term (Smyk, J.), and granted a new trial.

On January 30, 1984 at approximately 12:15 p.m., in the City of Binghamton, Broome County, plaintiff was struck by a van owned by defendant New York Telephone Company and driven by its employee, defendant Norman S. Montgomery, Jr. Prior to this accident, Montgomery had been driving south on *903State Street in the city in heavy stop-and-go traffic. He had pulled past a…