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IMPARATO v. MARTEL

57 A.D.2d 744 (1977)

Lucretia Imparato et al., Respondents, v. Allen Martel, Appellant, and Rolando Alvarez, Respondent

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

May 3, 1977

Examination of the record discloses that the trial court in this rear-end collision case was correct in dismissing the complaint and cross complaint as against the defendant Rolando Alvarez. By no rational process could a finding of negligence on the part of Alvarez be made on the evidence presented. Sufficient evidence was adduced upon which the jury as finders of fact could conclude that both the Imparato and Alvarez vehicles...

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