FARDYS v. URBINATI


78 A.D.2d 835 (1980)

Joann Fardys, Respondent, v. Louis Urbinati, Appellant, and Edward T. McGuire et al., Respondents

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

November 20, 1980


Unanimously modified, on the law, and in the exercise of discretion, to the extent of directing a new trial on the issue of liability also, and as so modified, affirmed, with costs and disbursements to abide the event.

The jury awarded plaintiff $31,296, finding that the driver of the taxi (defendant Urbinati), in which plaintiff was a passenger, was solely at fault. The driver of the other vehicle, Freeman (which vehicle is owned by defendant McGuire) was thus absolved...

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