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CAPALDO v. STEIN

286 A.D. 1074 (1955)

Ralph Capaldo, Appellant, v. Israel Stein, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 1, 1955.

Accepting as true the testimony offered on behalf of plaintiff, we must find that the sudden stopping of the taxicab with consequent injuries to him was caused directly by the act of defendant in opening the door of his car, and that such opening was done in a negligent manner. There was thus made out a prima facie case and the complaint should not have been dismissed.

Judgment unanimously reversed and a new trial ordered...

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