DEMARCO v. FRUCCHIONE


67 A.D.2d 1055 (1979)

Concetta Demarco et al., Respondents-Appellants, v. Sabation Frucchione, Appellant-Respondent

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

February 15, 1979


In this negligence action arising out of a rear-end collision between an automobile in which the plaintiff was a passenger and an automobile allegedly owned and driven by defendant, the jury returned a verdict in favor of plaintiffs. Defendant moved to set aside the verdict and dismiss the complaint upon the ground that plaintiffs had failed to elicit testimony directly identifying defendant as either the owner or driver of the vehicle which caused the accident. Following...

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