INS. CO. OF NORTH AM. v. CITY OF SYRACUSE


73 A.D.2d 813 (1979)

Insurance Company of North America, as Subrogee of William Zastawny, Respondent, v. City of Syracuse, Appellant

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

December 14, 1979


Order and judgment unanimously reversed, with costs, and motion denied.

Memorandum:

In this negligence action by the insurer-subrogee of William Zastawny, the owner of an automobile, to recover damages to the automobile, it is alleged that at 3:05 A.M. on December 21, 1976 the vehicle was lawfully parked next to the curb on Comstock Avenue when it was struck and damaged by a truck owned by defendant City of Syracuse and operated with its permission by its...

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