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ORTIZ v. KINOSHITA & CO.

30 A.D.2d 334 (1968)

Raphael Ortiz, Respondent, v. Kinoshita & Co., Ltd., et al., Appellants

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

July 11, 1968.

Attorney(s) appearing for the Case

William F. McNulty of counsel (J. Robert Morris, attorney), for appellants.

Benjamin H. Siff of counsel (Morris Eisen, attorney), for respondent.

STEUER, J. P., CAPOZZOLI and RABIN, JJ., concur with McNALLY, J.; McGIVERN, J., dissents in opinion.

McNALLY, J.

In this action for personal injuries, defendants appeal from an order directing an assessment of damages following a verdict for plaintiff on the issue of liability.

On November 28, 1963, at about 4 A.M., plaintiff was operating his bicycle in an easterly direction on the left hand, northerly side of the 97th Street transverse road of Central Park in the Borough of Manhattan. Defendants' automobile was proceeding

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