CACIA v. STARR


46 A.D.2d 769 (1974)

Barbara Cacia et al., Respondents, v. Robert D. Starr, Defendant, and Arrow Welding Supply Co., Inc., et al., Appellants

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

November 4, 1974


Interlocutory judgment affirmed, with costs.

No opinion.

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

In my opinion, there was such a paucity of, and conflict in, the evidence adduced as to exactly where the accident occurred, the nature of the roadway at that point and the lane markings and the location of the cars after the impact, as to require a new trial in the interests...

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