Theresa Yacano v. Lyman De Fayette

Appeal from an order of the Supreme Court, entered January 16, 1978 in Franklin County, which granted plaintiffs motion to set aside a verdict in favor of the defendant rendered at a Trial Term and directed a new trial. The accident from which this claim grew occurred at about 7:30 p.m. on December 21, 1972 on East Main Street in the Village of Malone at a point easterly of where that street is intercepted by Willow Street. While the visibility was good, it had been snowing and the road surface was wet and [67 A.D.2d 1059 Page 1060]