BREDDAN v. BARBARA


74 A.D.2d 892 (1980)

Michael Breddan et al., Appellants, v. Anthony Barbara et al., Respondents

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

March 24, 1980


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

Plaintiff Michael Breddan was injured when he had to suddenly stop the vehicle he was driving to avoid a collision with defendants' oncoming vehicle, which had crossed over from behind a stationary third vehicle into the lane in which said plaintiff was legally driving. Trial Term erred in dismissing the complaint after plaintiffs offered proof that defendant Anthony Barbara operated...

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