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This section contains the nature of the case and procedural background.

Kinney (D) leased Ventricelli (P) a car with a defective trunk lid. D tried to repair it but could not. While P and a passenger were attempting to slam the lid shut, a car suddenly parked several car lengths behind P jumped ahead and ran into P. P won a verdict of $550,000. The Appellate Division reversed and dismissed as to D. P appealed.

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