EISENBERG v. GREEN


33 A.D.2d 756 (1969)

Martin E. Eisenberg, an Infant, by His Father and Natural Guardian, Arthur Eisenberg, et al., Respondents, v. John Green, Defendant, and Brewster Rentals, Inc., Appellant

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

December 11, 1969


Order entered December 3, 1968, setting aside a jury's verdict in defendant-appellant's favor and granting a new trial, affirmed, with costs to abide the event.

The infant plaintiffs-respondents, passengers in a vehicle owned by defendant-appellant, were injured when the automobile left an unlighted narrow and winding country road at a sharp curve on a drizzly and misty night. According to their testimony, they had left the camp, where one was employed and the other...

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