SICARI v. ARCO SERV., INC.


2 A.D.2d 996 (1956)

Stephen Sicari, an Infant, by His Guardian ad Litem, Salvatore Sicari, et al., Respondents, v. Arco Service, Inc., Appellant, et al., Defendant

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

December 21, 1956


Judgment affirmed, with costs.

No opinion.

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

The only reasonable interpretation of the evidence is that, for the purpose of moving a stove for his father-in-law, appellant's employee, the defendant Sinacore, used appellant's truck on a Sunday, without appellant's permission. The accident happened during such unauthorized use of...

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