CEBULA v. BONIME


92 A.D.2d 856 (1983)

Madeline F. Cebula et al., Individually and as Coadministratrices of The Estate of Gary W. Grant, Deceased, Appellants, v. Carrie Bonime et al., Respondents

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

March 7, 1983


Order reversed, on the law, with $50 costs and disbursements, motion granted and matter remitted to the Supreme Court, Queens County, for a trial on the issue of damages.

In this action arising out of an automobile accident in which the mouths of the only eyewitnesses have been sealed by death, plaintiffs moved for partial summary judgment in reliance on the doctrine of res ipsa loquitur, having established that the vehicle in question left the paved surface...

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