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SPAMPINATO v. A. B. C. CONS. CORP.

35 N.Y.2d 283 (1974)

Robert Spampinato, an Infant, by His Father and Natural Guardian, Thomas O. Spampinato, et al., Appellants, v. A. B. C. Consolidated Corp. et al., Respondents.

Court of Appeals of the State of New York.

Decided October 8, 1974.

Attorney(s) appearing for the Case

Thomas R. Newman, Bernard Kalmanson and Benjamin H. Siff for appellants.

Sherman C. Bernhard and Dominic J. Cornella for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, STEVENS and WITMER concur with Judge WACHTLER; Chief Judge BREITEL concurs in a separate opinion in which Judges GABRIELLI, JONES, STEVENS and WITMER also concur; Judge RABIN taking no part.

WACHTLER, J.

On August 8, 1969, the plaintiff, an 18-year-old high school student was riding his bicycle on Flatbush Avenue in the vicinity of Erasmus High School in Brooklyn. As he passed the school, a truck driven by the defendant Harold Stark and owned by the defendant A. B. C. Consolidated Corp., approached from behind, struck him and ran over his legs. At the trial the plaintiff read the driver's deposition...

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