Pellaton v. Franzese

In a negligence action to' recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered February 16, 1973, in favor of defendants, upon a jury verdict. Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to abide the event. The findings of fact below are affirmed. On January 14,1967 plaintiff, as a passenger, and defendant Edward Franzese, Jr., as the operator, of a motor vehicle owned by the latter’s father and codefendant were returning to college in upstate New York. According to the…