Judgment reversed, on the law and as a matter of discretion, and new trial granted, with costs to abide the event.
This litigation arises out of an automobile accident resulting from defendant's vehicle crossing over a divided highway into oncoming traffic. In a bifurcated trial to determine the issue of liability only, plaintiff Daniel Tomaselli (hereinafter plaintiff) stated that he was proceeding north on the Cross Island Parkway. He could not remember the accident...
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