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DANCE v. TOWN OF SOUTHAMPTON

95 A.D.2d 442 (1983)

Samuel Dance et al., Appellants, v. Town of Southampton, Respondent

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

September 26, 1983

Attorney(s) appearing for the Case

Kelly & Jiras and David Jaroslawicz (Robert Kelly of counsel), for appellants.

Mulholland, Minion, Roe & Clifford (Michael Majewski and Joseph D. Ahearn of counsel), for respondent.

DAMIANI, J. P., MANGANO and THOMPSON, JJ., concur.

LAZER, J.

At the completion of a trial on the issue of liability in this negligence action against the Town of Southampton, the jury found the town free of fault and judgment was entered in the town's favor. We conclude that the gravity of certain trial errors and the interests of justice compel reversal and a new trial.

I

On October 7, 1979, plaintiff Samuel Dance drove his Ford Pinto southerly...

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