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1
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OPINION
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EXTRACTED KEY WORDS
PSC AFFLECK INSTALL PSC REPORT DRIVEWAY DRIVERS PLAINTIFF HAROLD APPELLANTS ACCIDENT WESTBURY AVENUE INTERSECTION TRAFFIC PLANNING PARKING TRAFFIC CONDITIONS DETERMINATION NY2D ERNEST RESPONDENT OPINION LEFT-HAND TURN LANE VEHICLE AFFLECK CAR NEGLIGENCE COMPLAINT AFFIRM EXITING RECOMMENDATION |
2 No. 127
Affleck
v.
Buckley
_________________________________________________________________
(Action No. 1)
_________________________________________________________________
Harold R. Affleck, &c., et al.,
Appellants,
v.
County of Nassau,
Respondent.
_________________________________________________________________
(Action No. 2)
_________________________________________________________________
2001 NY Int. 109
October 16, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Submitted by Richard J. Finamore, for appellants.
Henry Stanziale, for respondent.
_________________________________________________________________
CIPARICK, J.:
This action arises from a September 11, 1994 automobile accident,
involving plaintiff's decedents Harold and Harriet Affleck, at the
Westbury Avenue entrance to Waldbaum's Shopping Center in Nassau
County. While attempting to enter the shopping center's driveway,
Harold Affleck made a left-hand turn from the westbound lane of
Westbury Avenue. In so doing, he entered the two opposing traffic
lanes and, while in an eastbound lane, collided with the vehicle
driven by defendant Buckley. The impact sent the Affleck car into a
third vehicle that was waiting to exit the driveway. There was no
traffic signal at the intersection. Harriet Affleck, a passenger in
the Affleck car, died as a result of her injuries; Harold Affleck
later died of unrelated causes.
In addition to instituting an action against the drivers and owners of
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