SPAMPINATO v. A. B. C. CONSOL. CORP.


43 A.D.2d 566 (1973)

Robert Spampinato, an Infant, et al., Appellants, v. A. B. C. Consolidated Corp. et al., Respondents

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

November 5, 1973


Judgment affirmed, with costs.

No opinion.

Hopkins, J., dissents and votes to reverse and to grant a new trial, with the following memorandum, in which Martuscello, J., concurs:

The issue of liability was closely contested and any error in the trial court's charge to the jury must accordingly be carefully scrutinized. The infant plaintiff and two eyewitnesses testified that defendants' truck collided with the bicycle ridden by the infant plaintiff...

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