FUSARO v. FERRIGAN, INC.


284 A.D. 1055 (1954)

Salvatore Fusaro, Appellant, v. Ferrigan, Inc., et al., Respondents. (Action No. 1.) Nicholas Di Clemente, Appellant, v. Ferrigan, Inc., et al., Respondents. (Action No. 2.) Ralph Seiaruto, Appellant, v. Ferrigan, Inc. Respondent. (Action No. 3.) (Consolidated actions.)

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

December 20, 1954.


Judgment and order affirmed, with costs.

No opinion.

Wenzel, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum:

It was the claim of the defendant Hill, who was the operator of the truck owned by the defendant Ferrigan, Inc., that the reason his truck came into collision with the parked highway truck was that "Just as I hit that bend, why, the sun got in my eyes, and the glare from the...

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