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COUNIHAN v. WERBELOVSKY'S SONS

5 A.D.2d 80 (1957)

Nora Counihan, Appellant, v. J. H. Werbelovsky's Sons, Inc., et al., Respondents

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

December 17, 1957.

Attorney(s) appearing for the Case

Harold L. Herzstein of counsel (Irving E. Kanner with him on the brief; Helen Counihan, attorney), for appellant.

Joseph J. Brophy of counsel (Cotter, Carey & Schultz, attorneys), for respondents.

RABIN, McNALLY, BERGAN and BASTOW, JJ., concur.

BREITEL, J. P.

Plaintiff, in a personal injury negligence action, appeals from the verdict and judgment in favor of defendant after jury trial.

The principal issue upon the trial was whether plaintiff, a woman aged 71, was struck by a truck, or whether she walked into the side of the truck and was knocked under it. The accident occurred at the intersection of East 83rd Street and Third Avenue, in Manhattan...

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