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O'CALLAGHAN v. FLITTER

112 A.D.2d 1030 (1985)

Edward G. O'Callaghan et al., Appellants, v. Ruth Flitter, Respondent

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

August 19, 1985

Order reversed, on the law, with costs, motion granted, and matter remitted to the Supreme Court, Westchester County, for an assessment of damages.

Defendant hit plaintiffs' parked car from the rear, and admittedly "pushed the trunk lid in". At the time, the car was parked at a pickup point outside a supermarket, where the plaintiff driver was waiting for his wife to come out of the store. By demonstrating the foregoing...

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