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WILMOT v. CITY OF N. Y.

73 A.D.2d 201 (1980)

Nora Wilmot, Respondent, v. City of New York, Appellant; Jeny Cab Corp., Respondent, et al., Defendant

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

March 20, 1980

Attorney(s) appearing for the Case

Bernard Burstein of counsel (Domenick Ziccardi with him on the briefs; Allen G. Schwartz, attorney), for appellant.

Richard E. Shandell of counsel (Katz, Shandell, Katz & Erasmous, attorneys), for Norma Wilmot, respondent.

Lester Raskin (Adolph B. Salib with him on the brief; Raymond J. MacDonnell, attorney), for Jeny Cab Corp., respondent.

SULLIVAN, LUPIANO and SILVERMAN, JJ., concur with FEIN, J. P.; BLOOM, J., concurs in opinion.

FEIN, J. P.

This is an appeal by the City of New York (City) from a judgment entered on a jury verdict awarding plaintiff $90,000 against the City and the Jeny Cab Corp. (Jeny), and apportioning the damages 40% against the City and 60% against Jeny.

It is undisputed that plaintiff was injured when the taxi in which she was a passenger struck the rear of a stopped unmarked police patrol car in the southbound...

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