PASCUAL v. MERCADO


44 A.D.2d 560 (1974)

Alphonse R. Pascual et al., Appellants, v. Carmen Mercado et al., Respondents, and New York City Transit Authority et al., Respondents-Appellants

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

March 4, 1974


Interlocutory judgment modified by deleting therefrom the two decretal paragraphs which are in favor of defendants Mercado. As so modified, interlocutory judgment affirmed, and order affirmed, with one bill of costs to abide the event of the new trial.

In our opinion, evidence was adduced at the trial which would have justified a finding by the jury that both defendant Victor Mercado, as the operator of defendant Carmen Mercado's automobile, in which the injured plaintiff...

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