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SMITH v. RYAN

48 A.D.2d 1003 (1975)

Elaine T. Smith by Henry J. Smith, Her Parent, et al., Plaintiffs, v. James H. Ryan et al., Appellants, and Domingo Leon, Jr., Respondent. (Appeal No. 1.)

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

June 6, 1975

Order unanimously reversed, with costs, and case remitted for retrial of cross claims in accordance with the following memorandum: In these negligence actions arising out of a nighttime collision between defendants Ryans' northbound vehicle and defendant Smith's vehicle (operated by defendant Leon), which was standing on the east side of the highway facing south, the infant plaintiffs and their parents recovered verdicts against defendants Ryan. The infant plaintiffs had...

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