SHEA v. KELLY


121 A.D.2d 620 (1986)

Hannelore Shea et al., Respondents, v. Bradley D. Kelly, Defendant, and John Moscatello et al., Appellants

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

June 23, 1986


Judgment reversed insofar as appealed from, on the law, with costs, and complaint dismissed as against the defendants John Moscatello and John P. Moscatello.

The issue presented here is whether there was legally sufficient evidence adduced at the trial to support a finding that at the time of the accident the defendant John Moscatello was engaged in a race with the defendant Bradley D. Kelly, the driver of the vehicle which struck the vehicle driven by the plaintiff...

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