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ROSA v. BLANDER

47 A.D.2d 865 (1975)

Ralph Rosa, an Infant, by His Mother and Natural Guardian, Amada Martiney, et al., Appellants, v. Murray Blander, Respondent

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

March 31, 1975

Judgment reversed, on the law, and new trial granted, with costs to appellants to abide the event.

Questions of fact have not been raised or considered. Defendant's automobile came into contact with the infant plaintiff at or near a street intersection. As part of their case, plaintiffs called defendant as a witness, who testified, essentially, that the infant had walked into the side of the car. After the close of plaintiffs...

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