BONITO v. PEEKSKILL FORD MOTORS, INC.


64 A.D.2d 682 (1978)

Mario Bonito, Appellant, v. Peekskill Ford Motors, Inc., et al., Respondents. (And a Third-Party Action.)

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

July 31, 1978


Judgment modified, on the law, by deleting therefrom those provisions which are in favor of defendants Peekskill Ford Motors, Inc., Harsco Corp. and Amthor's Welding Service, Inc. As so modified, judgment affirmed and, as between plaintiff and the said defendants, action severed and new trial granted as to the issue of negligence, with costs to abide the event.

The court improperly charged the jury on the patent danger rule enunciated in Campo v Scofield (...

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