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WEISS v. FOTE

7 N.Y.2d 579 (1960)

Pauline R. Weiss, Respondent-Appellant, v. Francis A. Fote et al., Respondents, and City of Buffalo, Appellant. Willie L. Alexander, Respondent, v. Francis A. Fote, Defendant, and City of Buffalo, Appellant.

Court of Appeals of the State of New York.

Decided April 21, 1960.

Attorney(s) appearing for the Case

Anthony Manguso, Corporation Counsel (Daniel J. Lucitt of counsel), for appellant.

Philip H. Magner, Jr., Samuel Sapowitch and Gerald L. Baskey for respondent-appellant.

Willard M. Pottle for Francis A. Fote, respondent.

Edmund S. Brown for Willie L. Alexander, respondent.

Judges DYE, BURKE and FOSTER concur with Judge FULD; Chief Judge DESMOND dissents in an opinion in which Judges FROESSEL and VAN VOORHIS concur.

FULD, J.

In the early evening of October 31, 1955, a collision occurred in Buffalo between an automobile owned and operated by Willie Alexander and an automobile operated by Francis Fote and owned by him and his wife. Alexander was proceeding south on Delaware Avenue and Fote was driving west on Delavan Avenue. The impact of the collision propelled Fote's car across the intersection, where it jumped the curb on...

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