BANKERS TRUST CO. v. R & Z TELEVISION OF NEW YORK, INC.


4 A.D.2d 690 (1957)

Bankers Trust Company et al., as Executors of George I. Garber, Deceased, Respondents, v. R & Z Television of New York, Inc., et al., Appellants

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

June 17, 1957


Judgment unanimously affirmed, with costs.

Upon the record presented, the trial court was justified in finding that the accident was caused by appellants' negligence and that they failed to prove contributory negligence on the part of the testator. While we are of the opinion that appellants' claim with respect to proof of damage is not without merit, we find in this record sufficient evidence to establish the testator's earning capacity. On the basis of such earning...

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