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FOGLIANI v. SALVATO

205 A.D.2d 581 (1994)

613 N.Y.S.2d 415

Dara Fogliani, Appellant, v. Lorraine C. Salvato et al., Respondents

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

June 13, 1994

Ordered that the judgment is reversed, on the facts and as a matter of discretion, with costs, and a new trial is granted on the issue of damages only.

The plaintiff, a passenger in the front seat of a vehicle driven by the defendant Salvatore Salvato, suffered injuries when the vehicle hit a guardrail. At the liability phase of the trial, the jury found the defendants 100% at fault in the happening of the accident. At...

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