Ramcharan v. Angelo

Mollen, P. J., and Hopkins, J., dissent and vote to reverse the order and grant plaintiffs’ motion, with the following memorandum:

We find that there is no basis upon which the plaintiffs could be held to have been contributorily negligent, that the record affirmatively establishes that no factual issues exist with regard to the defendant Angelo’s actions and that liability is clearly and unequivocally indicated. Consequently, we conclude that a trial is not required to resolve the issue of liability. On August 18, 1976, three days after the accident, the defendant Angelo signed a Department…