GOLDBERG v. STATEWIDE EXCAVATORS, INC.


30 A.D.2d 572 (1968)

George S. Goldberg, as Executor of Frederick C. Bernhardt, Deceased, Appellant, v. Statewide Excavators, Inc., et al., Respondents

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

May 27, 1968


Judgment reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact were considered on this appeal.

Defendants' truck became disabled at about 2:00 or 2:30 P.M. at the New Hyde Park entrance ramp of the Long Island Expressway on July 29, 1963. It was brought to a halt on a paved portion of the ramp about three feet north of the northernmost traffic lane of the expressway about 150 feet short of the end of the entrance strip. At...

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