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STANTON v. CITY OF NEW YORK

74 A.D.2d 623 (1980)

Thomas Stanton, Appellant, v. City of New York et al., Respondents

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

February 19, 1980

Appeal from the order dismissed (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment reversed, on the law, and new trial granted, without costs or disbursements.

The defendants called as one of their witnesses the police officer who had arrived on the scene of the accident shortly after it had occurred. The officer testified that the plaintiff told him that he, the plaintiff, after braking to avoid an accident in the center...

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