TRAPPIO v. NAT'L AUTO RENTING CO., INC.


27 A.D.2d 750 (1967)

Rhodie Trappio et al., Respondents, v. National Auto Renting Co., Inc., et al., Appellants, et al., Defendant

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

February 20, 1967


Affirmed insofar as appealed from, with costs to respondent Trappio.

No opinion.

Ughetta, Acting P. J., and Rabin, J., dissenting.

The nonappealing defendant Tyrell, driver of a passenger vehicle, overtook a 2,800-pound truck driven by defendant Follett which was proceeding, according to Tyrell, at 18 miles an hour. The vehicle struck the truck in the rear when the latter stopped for a red light. There is conflicting testimony as to whether the stop...

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