Lynton v. Metcalf
Civil Court of the City of New York
1Opinion of the CourtMartin- B. Stecher, J.
On the night of January 19, 1971, Andrew Lynton, while driving his father’s Volkswagen on an eastside Manhattan street drew abreast of a double-parked taxi. The cab was too close to the vehicles parked at the curb to its left, so its exiting passenger opened the street-side door just in time for it to meet Andrew’s oncoming car. There is little doubt that both the cab driver and passenger were negligent; that Andrew was free of neglect; and that the consequent damage was in the sum of $404.29. Prior to instituting this action Andrew’s father settled his claim against the taxi company for $250…
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