Appellate Division of the Supreme Court of the State of New York February 15, 1960 (Bennett v. Costanzo)

In an action by a passenger in a motor vehicle, owned and operated by defendant Costanzo, to recover damages for personal injuries received when that vehicle was involved in a collision with a motor vehicle, owned and operated by defendant Cunningham, the jury rendered a verdict in favor of plaintiff against both defendants, but the court set aside the verdict against defendant Costanzo and