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NOSKEWICZ v. CITY OF NEW YORK

155 A.D.2d 646 (1989)

Maureen D. Noskewicz, Individually and as Administratrix of The Estate of Martin E. Noskewicz, Deceased, Plaintiff, v. City of New York et al., Defendants. (Action No. 1.) Myrto J. Betetta, Individually and as Administratrix of The Estate of Jorge R. Betetta, Deceased, Appellant, v. City of New York, Respondent, et al., Defendants. (Action No. 2.) Liselotte Betetta, an Infant, by Her Guardian ad Litem, Bjorn Juhlin, Plaintiff, v. City of New York et al., Defendants. (Action No. 3.)

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

November 27, 1989

Ordered that the judgment is reversed insofar as appealed from, on the law, and a new trial is granted in action No. 2 between the plaintiff and the defendant City of New York, with costs to abide the event.

The appellant's husband was killed when the vehicle that he was operating crossed into an oncoming traffic lane and collided with another vehicle. At trial, this plaintiff sought to establish that the proximate cause of the accident was the failure of the defendant...

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