The following excerpt is from Cooney v. Osgood Machinery, Inc., 595 N.Y.S.2d 919, 612 N.E.2d 277, 81 N.Y.2d 66 (N.Y. 1993):
3 We have eschewed reliance on the fictional expectation of the parties based on mere contact with the locus of an accident ( Miller v. Miller, 22 N.Y.2d, at 20, 290 N.Y.S.2d 734, 237 N.E.2d 877), but reasonable, justifiable expectations are another matter.
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