Valentin Koump v. James E. Smith

[25 N.Y.2d 287 Page 289] This is an action to recover damages for personal injuries. Plaintiff was allegedly injured when the defendant drove his
vehicle across the center divider of Route 304 at New City, New York, crashing head-on into plaintiff's vehicle. The complaint
alleges, inter alia, that prior to the accident defendant consumed alcoholic beverages; that at the time of [25 N.Y.2d 287
Page 290]