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CASERTA v. PENNISI

33 A.D.2d 564 (1969)

Joseph M. Caserta, Respondent, v. Salvatore Pennisi, Defendant, and Ferdinand Romanucci et al., Appellants

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

October 15, 1969

Interlocutory judgment reversed, on the law and the facts, without costs, and complaint dismissed.

Where, as here, the evidence as to the cause of the accident is undisputed, the question as to whether any act or omission by defendants was a proximate cause of the accident is for the court, not the jury (Colban v. Petterson Lighterage & Towing Corp., 19 N.Y.2d 794, 796; Tsitsera v. Erie R. R. Co.,

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