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  5. 51 N.Y.2d 752 (1980)
 

SEWAR v. GAGLIARDI BROS. SERV.

51 N.Y.2d 752 (1980)

Brigette Sewar, by Her Parent and Natural Guardian, Frances L. Barnes, et al., Respondents, v. Gagliardi Brothers Service et al., Defendants, and Ridge Road Express, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided September 9, 1980.

Attorney(s) appearing for the Case

Sheldon Hurwitz for appellants.

Stanley Grossman, James J. Sansone and Morree M. Levine for respondents.

Chief Judge COOKE and Judges GABRIELLI and WACHTLER concur in memorandum; Judge FUCHSBERG concurs in a concurring opinion in which Judge MEYER concurs; Judges JASEN and JONES dissent and vote to reverse in another memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. It cannot be said that the evidence of each of the elements of negligence, the theory on which the case was tried, was insufficient to present a jury question. Nor were there any errors of law which would warrant reversal.

FUCHSBERG, J. (concurring).

Posed for resolution on this appeal are questions of duty, negligence...

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