D'Angelo v. New York Telephone Co.

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered December 30, 1974, in favor of defendant, upon the trial court’s dismissal of the complaint at the close of plaintiffs’ case, at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No fact findings have been presented for review. Plaintiffs’ vehicle was struck by a telephone truck at the corners of Autumn and Atlantic Avenues in Brooklyn. The defendant denied that its truck had been used with its…