Pescetti v. Mastrodominico
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Queens County, dated May 27, 1980, which vacated and set aside the verdict in his favor on the issue of liability, after a jury trial. Order reversed, with costs, and verdict reinstated. The defendant’s car, which he was operating and in which plaintiff was a passenger, left the road and struck a pole on the left hand side of the road, causing plaintiff to sustain personal injuries. Defendant testified, inter alia, that a dog “shot” in front of his car only a few feet away,…
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