NATOLI v. RUSSO


67 A.D.2d 701 (1979)

Angelo Natoli, an Infant, by His Guardian Ad Litem, John Natoli, et al., Respondents, v. Vincent Russo et al., Respondents, and Anthony Rosati, Appellant. (Action No. 1.) Robert Gianino et al., Respondents, v. Vincent Russo et al., Respondents, and Anthony Rosati, Appellant. (Action No. 2.)

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

January 22, 1979


Order affirmed, without costs or disbursements.

We agree with the trial court that its inadvertent failure to cover the name of the liability insurance carrier of one defendant, while covering the name of the insurer of the other defendant, served to impermissibly prejudice the former defendant. In an intersection accident case tried without the benefit of impartial witnesses, the fact that the jury returned a verdict finding 100% liability against the defendant whose...

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