CRESCI v. CITY OF NEW YORK


27 A.D.2d 277 (1967)

Eugene Cresci, Respondent, v. City of New York, Appellant

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

March 30, 1967.


Attorney(s) appearing for the Case

Alfred Weinstein of counsel (J. Lee Rankin, Corporation Counsel), for appellant.

Alfred S. Julien of counsel (Benjamin H. Siff with him on the brief; Benjamin D. Fernbach, attorney), for respondent.

CAPOZZOLI, J., concurs for reversal, but would order a new trial in the interest of justice.


McNALLY, J.

Plaintiff, age 22, a terrazzo floor mechanic, sustained external and permanent brain and other injuries resulting from an automobile accident on Sunday, October 11, 1959, at about 4:00 A.M. on the upper, westbound vehicular roadway of the Queensboro Bridge of the City of New York. He has recovered a verdict of $250,000.

Plaintiff's sole recollection of the occurrence is that prior thereto...

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