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KORBEL v. GARRIDO

26 A.D.2d 571 (1966)

Dorothy Korbel et al., Appellants, v. Robert Garrido et al., Respondents

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

June 20, 1966

Judgment reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact have been considered. Appeal from order dismissed as academic, without costs.

Plaintiffs were the operator and the passenger in an automobile which was stopped at a traffic signal when it was struck from the rear by defendants' vehicle. Defendants' counsel, in his opening to the jury, conceded that plaintiffs were free...

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