WARSHAW v. REICHMAN


286 A.D. 498 (1955)

Robert Warshaw, as Administrator of The Estate of Hyman Warshofsky, Deceased, Appellant, v. Solomon Reichman, Respondent

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

October 25, 1955.


Attorney(s) appearing for the Case

Benjamin H. Siff of counsel (Harry Zeitlan with him on the brief; Carl J. Moscowitz, attorney), for appellant.

John P. Wourms of counsel (Bounds & Wourms, attorneys), for respondent.

PECK, P. J., COHN, BOTEIN and COX, JJ., concur; BREITEL, J., dissents and votes to affirm.


Per Curiam.

This is an appeal in a death action from a dismissal of the complaint at the end of the plaintiff's case.

There were no eyewitnesses to the accident except defendant. There were two witnesses for the plaintiff who observed the position of defendant's car and decedent's body immediately after the accident. The rear of defendant's car at that time was at the building line of a street, which defendant...

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