Goldberg v. Statewide Excavators, Inc.

In an action to recover damages for personal injuries and wrongful death, the appeal is from a judgment of the Supreme Court, Nassau County, dated November 1, 1967, in favor of defendants upon the trial court’s dismissal of the complaint at the close of plaintiff’s case. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact were considered on this appeal. Defendants’ truck became disabled at about 2:00 or 2:30 p.m. at the New Hyde Park entrance ramp of the Long Island Expressway on July 29, 1963. It was brought to a halt on a paved portion…