Appellate Division of the Supreme Court of the State of New York March 21, 1996 (Cain v. Pappalardo)

—Cardona, P. J.

Randall L. Cain (hereinafter decedent) died as the result of an automobile accident at the intersection of Route 17M and Harriman Heights Road located within the boundaries of the Village of Harriman, Orange County. Decedent was driving along Route 17M when his vehicle was struck by a car driven by defendant Carl P. Pappalardo, who had been proceeding along Harriman Heights Road.