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BENEDETTO v. CITY OF NEW YORK

166 A.D.2d 209 (1990)

Aldo Benedetto et al., Appellants, v. City of New York et al., Defendants, and Merri Lieberthal et al., Respondents. (And a Third-Party Action.)

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

October 9, 1990

Plaintiff Aldo Benedetto was a passenger in a truck driven by Danny Trotman and owned by the City of New York which collided with an automobile owned by defendant Merri Lieberthal on June 29, 1982 at the intersection of Central Park West and 73rd Street.

The trial evidence revealed that Danny Trotman, who was proceeding southbound during a rainstorm, was cut off by another vehicle, applied his brakes and skidded 90 to 100...

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