SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
July 7, 1969
MAE LEWIS ET AL., RESPONDENTS,
CHARLES P. WRIGHT ET AL., APPELLANTS
In a negligence action to recover damages for personal injuries, etc., defendants appeal from a judgment of the Supreme Court, Westchester County, dated December 9, 1968, in favor of plaintiffs upon a jury verdict.
Beldock, P. J., Christ, Brennan, Hopkins and Martuscello, JJ., concur.
In our opinion, the receipt of the expert testimony as to the speed of plaintiffs' vehicle at the moment of impact with the guardrail was reversible error (Zavaro v. Mann, 26 A.D.2d 692
, and cases cited therein).
Judgment reversed, on the law, and new trial granted to both defendants, with one bill of costs to defendants jointly, to abide the event.
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