Ordered that the judgment is reversed, on the law and the facts, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a new trial on the issue of damages only.
The case involves a two-car accident in which the defendant Timothy Penatello ran a stop sign and hit the decedent's vehicle, causing the decedent, who was not wearing an available seat belt, to be ejected from the car. It is undisputed that the decedent's death...
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