SCHEMBRE v. ATOMIC SPRING AND ALIGNMENT CO., INC.


281 A.D.2d 531 (2001)

722 N.Y.S.2d 64

CARMELO SCHEMBRE, Appellant, v. ATOMIC SPRING AND ALIGNMENT CO., INC., Respondent.

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

Decided March 19, 2001.


Ordered that the judgment is reversed, on the law and as a matter of discretion, the order dated December 22, 1999, is vacated, the motion is granted, and a new trial is granted, with costs to abide the event.

The plaintiff testified at trial that on February 28, 1997, he took his sister's car to a repair shop operated by the defendant and had certain repairs made to the brakes. He further testified that shortly after leaving the shop with his sister's car, the brakes...

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