KELLY v. GURLL


57 A.D.2d 547 (1977)

Frank Kelly et al., Appellants, v. Kenneth Gurll, Respondent

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

April 4, 1977


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

The findings of fact are affirmed. The male plaintiffs herein were passengers in a car driven by the respondent. On June 3, 1973, between 4:30 A.M. and 5:00 A.M., the vehicle driven by the respondent struck a wall while going around a curve on the West Side Highway near 72nd Street. In charging the jury with respect to the issue of the negligence...

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