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MURRAY v. DONLAN

77 A.D.2d 337 (1980)

Joseph Murray, an Infant, by William Murray, his Father and Natural Guardian, et al., Respondents, v. John Donlan, Jr., an Infant, by John Donlan, Sr., his Father and Natural Guardian, et al., Appellants, and Long Island Railroad Company, Respondent

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

November 17, 1980

Attorney(s) appearing for the Case

A. Paul Goldblum for appellants.

Julien, Schlesinger & Finz, P.C. (Leonard L. Finz and David Jaroslawicz of counsel), for respondents.

Thomas M. Taranto (J. Dennis McGrath and Paul J. Donnelly, Jr. of counsel), for respondent.

TITONE, J.P., RABIN and GULOTTA, JJ., concur.

MANGANO, J.

Two main issues are raised on this appeal: (1) whether a motor vehicle accident report prepared by a noneyewitness police officer may be admitted into evidence for the purpose of establishing the cause of the subject accident, and (2) whether judicial notice may be taken of the purported fact that an automobile equipped with good brakes and traveling 10 to 12 miles per hour can be stopped in considerably...

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