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ZIPARO v. HARTWELLS GARAGE

75 A.D.2d 997 (1980)

Samuel Ziparo, an Infant, by Antoinette Ciannilli, His Mother and Natural Guardian, Appellant, v. Hartwells Garage et al., Defendants, and Atlas Transportation, Inc., Respondent. (Appeal No. 1.)

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

May 23, 1980

Judgment unanimously reversed, on the law and facts, with costs, and a new trial granted.

Memorandum:

We do not believe that the jury could have reached its verdict — that of a verdict of no cause for action against a 15-year-old bicyclist who was standing on the shoulder of the road when struck by a tractor trailer — upon any fair interpretation of the evidence (Mullen v Sibley, Lindsay & Curr Co., 71 A.D.2d 21

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