Caristo v. San-zone

Goldstein, J.,

dissents and votes to reverse the judgment and order a new trial in a memorandum in which Joy, J., concurs: The defendant driver testified that when he got up on the morning of the day of the accident, February 26, 1995, the weather condition “looked like it was rain that on occasions was turning into snow * * * also it looked like it was frozen rain * * * it was doing everything”. The parties stipulated that the weather report for the day indicated that the temperature at 7:00 a.m. was 22 degrees Fahrenheit, and dropping.

The defendant driver acknowledged that when he left his…