ROMANO v. ELLSWORTH


9 A.D.2d 909 (1959)

Vivian L. Romano, as Administratrix of The Estate of Robert S. Romano, Deceased, Respondent, v. Timothy Ellsworth et al., Defendants, Mackey Construction Company et al., Appellants, and Consolidated Edison Company of New York, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 14, 1959


Judgment insofar as appealed from reversed and a new trial granted on the issues raised by the complaint and the answers of appellants and appellant-respondent, and on the issues raised by the cross complaint of appellant-respondent and the answer thereto, with costs to abide the event.

On February 5, 1955 the intestate was working on a motor vehicle parked at the curb on the west side of Fifth Avenue, a few feet north of 26th Street, in Brooklyn. A motor vehicle...

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