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OGINO v. BLACK

278 A.D. 146 (1951)

Yoshi Ogino, Respondent, v. Bernard C. Black, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 24, 1951.

Attorney(s) appearing for the Case

John F. X. Finn of counsel (Norman C. Mendes with him on the brief; Rudser & Mulligan, attorneys), for appellant.

Robert Aronstein of counsel (William B. Aronstein with him on the brief; Robert Aronstein, attorney), for respondent.

DORE, CALLAHAN and SHIENTAG, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., dissents in part in opinion in which PECK, P. J., concurs.

Per Curiam.

This appeal is from two orders which struck out separate defenses in the amended answer.

The complaint alleges that plaintiff, an employee of defendant, was injured while a passenger in an automobile owned and controlled by defendant and being driven in North Carolina at defendant's request. Plaintiff alleges negligent operation of the automobile by another...

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