FRANCO v. ZINGARELLI


72 A.D.2d 211 (1980)

Fulgencio Franco, as Administrator of The Estate of Francisca Franco, Deceased, Appellant, v. Dennis L. Zingarelli et al., Respondents

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

January 17, 1980


Attorney(s) appearing for the Case

Martin S. Rothman of counsel (Joseph Irom and Milton Wittels with him on the brief; Seligson, Rothman & Rothman, appellate counsel for Irom & Wittels, P. C., attorneys), for appellant.

Leo Eckman of counsel (Greengold & Eckman, attorneys), for respondents.

BLOOM, J. P., MARKEWICH and ROSS, JJ., concur.


LUPIANO, J.

This appeal is from a judgment entered after a jury returned a verdict in favor of defendants in a personal injury action governed by New York's comparative negligence rule.1 The circumstances of the accident as gleaned from the testimony may be set forth as follows:

On February 28, 1976, at about noon, decedent Francisca Franco, a 65-year-old woman, was crossing...

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