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MONTES v. BOHACK CO.

284 A.D. 448 (1954)

Gloria Montes et al., Respondents, v. H. C. Bohack Co., Inc., Appellant, et al., Defendants

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

June 21, 1954.

Attorney(s) appearing for the Case

Archie B. Morrison of counsel (Daniel R. Harvey and Robert A. Dwyer with him on the brief; William S. O'Connor, attorney), for appellant.

Joseph Kelner for Gloria Montes, respondent.

Morris Bailinson of counsel (Paul M. Beer with him on the brief; Beer & Bailinson, attorneys), for Maria Retse, respondent.

PECK, P. J., DORE and BERGAN, JJ., concur with CALLAHAN, J.; BREITEL, J., dissents and votes to affirm in opinion.

CALLAHAN, J.

On February 23, 1952, at about 11:20 A.M., on a highway known as Route 25, one mile west of Smithtown, New York, a collision occurred between a passenger automobile driven by Maria Retse and a truck owned by the corporate defendant H. C. Bohack Co., Inc., and operated by its driver Fred Durr. Gloria Montes, a sister of Mrs. Retse, and a passenger in her car...

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