GARMON v. MORDENTE


32 A.D.2d 532 (1969)

Bertha Garmon et al., as Coadministratrices of The Estate of Quinton Garmon, Deceased, Respondents, v. Eugene Mordente, Appellant, et al., Defendants. (Action No. 1.) Stephen Wytrick, Respondent, v. Eugene Mordente, Appellant. (Action No. 2.)

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

April 7, 1969


Interlocutory judgment reversed insofar as appealed from, on the law, and severance of action and new trial granted as to appellant, with costs to abide the event.

The findings of fact below are affirmed. These consolidated actions arose out of an accident in an intersection controlled by a traffic light. The two vehicles involved were operated by defendants Moore and Mordente. On the trial, which Moore did not attend, a police officer testified, without objection...

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