JOYCE v. ESTATE OF BOYER


46 A.D.2d 727 (1974)

Mary Joyce, Now Mary J. Morey, as Limited Administratrix of The Estate of Bruce Joyce, Deceased, Respondent, v. Estate of Peter Boyer et al., Appellants. (Appeal No. 1.)

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

October 24, 1974


Judgment and order unanimously reversed, on the facts, and new trial granted solely on the issue of liability, with costs to appellants to abide the event.

Memorandum:

Defendants appeal from judgments awarded against them in a wrongful death and a property damage action. The verdicts rest on findings implicit in them that defendant's driver was negligent in pulling out from the shoulder on to the right-hand lane of...

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