On January 14, 1973, at about 2:00 A.M., plaintiffs, passengers in a motor vehicle owned and operated by defendant, were apparently injured when defendant lost control of the car while entering the Van Wyck Expressway from Queens Boulevard. At no point in the trial did defendant unequivocally assert that the plaintiffs had not suffered some damages from defendant's alleged negligence. Indeed, defense counsel in his summation declared that "the issue of liability in this case...
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