Plaintiff was standing in a Manhattan street on Third Avenue near the intersection of 55th Street at about 2:30 in the morning, talking to defendant Rabbani, a taxicab driver, when he was struck by another taxicab driven by defendant Sherpa. The record indicates that plaintiff had been drinking prior to the incident.
Plaintiff was able to testify about his state of mind and the nature of the accident, and was not prejudiced by the court's bifurcation of the trial...
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