KAHANE v. 93RD ST. LIVE POULTRY CO., INC.


284 A.D. 949 (1954)

Lee Kahane, as Administratrix of The Estate of Sarah Friedman, Deceased, et al., Respondents, v. 93rd Street Live Poultry Co., Inc., Appellant, et al., Defendant

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

November 9, 1954.


Judgment affirmed.

No opinion.

Peck, P. J., and Dore, J., dissent and vote to reverse and grant new trial in the following memorandum:

The testimony of plaintiff's eyewitness to the accident is against the weight of credible evidence as to traffic conditions at the time and his testimony as to what he saw is open to serious question. Accepting that evidence, however, it is difficult, if not impossible, to see how the accident could have happened without...

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