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LANNI v. CLARK DISPOSAL

100 Misc.2d 1023 (1979)

Mario Lanni, Plaintiff, v. Clark Disposal, Inc., Defendant.

City Court of Albany, Small Claims Part.

September 18, 1979

Attorney(s) appearing for the Case

Mario Lanni, plaintiff pro se. Francis E. Lehner and Kris Jackstadt for defendant.

MORTON M.Z. LYNN, J.

This is the rarest of negligence cases — a rear-end case in which the driver of the front car admits backing up and hitting the rear car.

More than that, by so backing, the defendant's driver admits that he was going the wrong way on a one-way street.

While the defendant implies that the court should apportion the negligence, the court is at a loss to see what plaintiff reasonably could have been expected to...

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