GUZZARDI v. GROTAS


98 A.D.2d 761 (1983)

Betty Guzzardi et al., Appellants, v. Joseph Grotas et al., Respondents

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

December 19, 1983


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

On June 11, 1976, following a visit to the beach, defendant Joseph Grotas was driving an automobile on Beach Channel Drive in the Rockaways when the vehicle swerved and went up on the curb, hitting a pole and injuring plaintiff Betty Guzzardi, a passenger. At trial, defendant Joseph Grotas' own testimony, rather than exculpating him, raised an inference that he had been...

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