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NUNZIATA v. BIRCHELL

238 A.D.2d 555 (1997)

656 N.Y.S.2d 383

Kim Nunziata et al., Appellants, v. Marie Birchell et al., Respondents

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

April 28, 1997

Ordered that the judgment is reversed, on the facts, the order dated December 19, 1995, is vacated, that branch of the plaintiffs' motion pursuant to CPLR 4404 which was to set aside the jury verdict is granted, and a new trial is granted, with costs to abide the event.

The automobile driven by the plaintiff Kim Nunziata hit the left rear wheel of the automobile driven by the defendant Marie Birchell at the intersection...

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