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SAMUEL v. PORCHIA

40 A.D.2d 697 (1972)

Lizette Samuel, an Infant, by Her Father and Natural Guardian, Willie Samuel, et al., Appellants, v. Frank Porchia, Respondent

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

October 16, 1972

Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to abide the event.

The infant plaintiff, who was one year old at the time in question, was struck and injured by the front of defendant's ice cream truck when it was started up after serving plaintiffs and others in the street. She allegedly sustained severe and permanent injuries and a trial was had on the issue of liability...

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