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SOMERSALL v. N.Y. TEL. CO.

74 A.D.2d 302 (1980)

Karen Somersall et al., Infants, by Sylvia Collins, Individually and as Natural Guardian, et al., Respondents, v. New York Telephone Company, Appellant, et al., Defendant

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

April 29, 1980

Attorney(s) appearing for the Case

Robert C. Myers of counsel (Charles Franklin Richter and Charles Chehebar with him on the brief; Dewey, Ballantine, Bushby, Palmer & Wood, attorneys), for appellant.

Samuel J. Sussman of counsel (Hoberman, Sussman, Bloom & Reich, P. C., attorneys), for Sylvia Collins and another, respondents.

Herman Schmertz of counsel (Gair, Gair & Conason, attorneys), for Gertrude Thomas, respondent.

Michelle Turchin of counsel (Bauman, Greene & Sims, P. C., attorneys), for Sheryn Meyers and another, respondents.

BIRNS and MARKEWICH, JJ., concur with MURPHY, P. J.; FEIN, J., concurs in an opinion; KUPFERMAN, J., dissents in an opinion.

MURPHY, P. J.

This is a consolidated action to recover damages for wrongful death and personal injuries. The occurrence took place at 3:35 P.M. on August 31, 1974, a sunny and clear day, when defendant Quilter drove his Lincoln Continental on the sidewalk and struck the plaintiffs. At a trial limited to the issue of liability, Quilter was found to be 70% responsible for the damages. Defendant New York Telephone...

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