HART v. TOWN OF NORTH CASTLE


305 A.D.2d 543 (2003)

759 N.Y.S.2d 185

CATHERINE M. HART et al., Appellants, v. TOWN OF NORTH CASTLE et al., Respondents.

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

Decided May 19, 2003.


Ordered that the judgment is reversed, on the law, with costs, the motion is granted, the plaintiffs are awarded judgment as a matter of law on the issue of liability, and the matter is remitted to the Supreme Court, Westchester County, for a trial on the issue of damages.

In this motor vehicle accident case, it is undisputed that a pickup truck owned by the defendant Town of North Castle and driven by the defendant Michael Giaccio collided with the back end of a...

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