D'ANGELO v. NEW YORK TEL. CO.


54 A.D.2d 554 (1976)

Andrew D'Angelo et al., Appellants, v. New York Telephone Company, Respondent

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

September 20, 1976


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

No fact findings have been presented for review. Plaintiffs' vehicle was struck by a telephone truck at the corners of Autumn and Atlantic Avenues in Brooklyn. The defendant denied that its truck had been used with its permission. To establish its defense, defendant called several employees who testified that they had neither been involved in the accident nor had they authorized the...

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