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Before CHRIST, Acting P.J., and BRENNAN, HILL, RABIN and HOPKINS, JJ.21
MEMORANDUM BY THE COURT.23
In a negligence action to recover damages for personal injury, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered June 21, 1965, which dismissed the complaint as against defendant Bragoli upon the court's decision at the close of plaintiff's case upon a jury trial.25
Judgment reversed, on the law, and new trial granted, with costs to appellant to abide the event. No questions of fact have been considered.27
At the close of plaintiff's case the court dismissed the complaint against the owner of a tractor truck who on a stormy night left it parked without lights in the middle of a road where the car in which29
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