Morano v. Trimpoli

Appellate Division of the Supreme Court of New York

Morano v. Trimpoli

260 A.D. 928, 24 N.Y.S.2d 153, 1940 N.Y. App. Div. LEXIS 5495

Appellate Division of the Supreme Court of the State of New York·Decided November 4, 1940·Published

Opinion

Action by an administratrix to recover damages for the death of decedent, who [929]*929was a passenger in an automobile proceeding along a highway when, it was claimed, the driver thereof was forced to the right by a bus approaching from the rear. It was claimed that the shoulder of the highway had been left in a dangerous condition by appellant, a contractor who had about a month before laid a water main in the shoulder of the road. Judgment in favor of plaintiff, and order denying appellant’s motion to set aside-the verdict and for a new trial, unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ.

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Action by an administratrix to recover damages for the death of decedent, who [929]*929was a passenger in an automobile proceeding along a highway when, it was claimed, the driver thereof was forced to the right by a bus approaching from the rear. It was claimed that the shoulder of the highway had been left in a dangerous condition by appellant, a contractor who had about a month before laid a water main in the shoulder of the road. Judgment in favor of plaintiff, and order denying appellant’s motion to set aside-the verdict and for a new trial, unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ.

Morano v. Trimpoli, 260 A.D. 928, 24 N.Y.S.2d 153, 1940 N.Y. App. Div. LEXIS 5495 (N.Y. Ct. App. 1940).

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260 A.D. 928 (Morano v. Trimpoli) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.