DEL TORO v. CARROLL


33 A.D.2d 160 (1969)

Carmen D. Del Toro, as Administratrix of The Estate of Eduardo Del Toro, Deceased, Respondent, v. Henry Carroll, Respondent, and Gilberto R. Cintron, Appellant. (Action No. 1.) Gilberto Cintron, Appellant, v. Henry Carroll, Respondent. (Action No. 2.)

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

December 16, 1969.


Attorney(s) appearing for the Case

Sheila L. Birnbaum of counsel (Emile Z. Berman and A. Harold Frost, attorneys), for appellant in Action No. 2.

Donald J. Sheehan of counsel (Gill & Sheehan, attorneys), for appellant in Action No. 1.

Wilbur S. Talisman for Carmen D. Del Toro, respondent.

Dolores Gerber of counsel (DeSantis, McGarry & Hargous, attorneys), for Henry Carroll, respondent.

EAGER, J. P., and TILZER, J., concur with McNALLY, J.; STEUER, J., dissents in opinion in which MARKEWICH, J., concurs.


McNALLY, J.

The jury returned a verdict in Action No. 1 in favor of plaintiff Eduardo Del Toro against defendant Gilberto R. Cintron in the sum of $20,000. In Action No. 2 the jury returned a verdict in favor of defendant Henry Carroll against plaintiff Cintron.

The consolidated actions arose out of an accident which occurred on June 10, 1967 at 1:20 A.M. on the Long Island Expressway in Nassau County...

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