LYNTON v. METCALF


68 Misc.2d 779 (1971)

Harold S. Lynton, Plaintiff, v. Pauline C. Metcalf, Defendant and Third-Party Plaintiff. Shamrock Casualty Company, Third-Party Defendant.

Civil Court of the City of New York, New York County.

November 9, 1971


Attorney(s) appearing for the Case

Lynton, Klein, Opton & Saslow for plaintiff. Joseph E. Brady for defendant and third-party plaintiff. MacCarthy, Schultz & Mulholland for third-party defendant.


MARTIN B. STECHER, J.

On the night of January 19, 1971, Andrew Lynton, while driving his father's Volkswagen on an eastside Manhattan street drew abreast of a double-parked taxi. The cab was too close to the vehicles parked at the curb to its left, so its exiting passenger opened the street-side door just in time for it to meet Andrew's oncoming car. There is little doubt that both the cab driver and passenger...

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