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RIZZO v. MENDELSOHN

3 A.D.2d 916 (1957)

Frances Rizzo, as Administratrix of The Estate of Frank Rizzo, Deceased, Respondent, v. Alfred L. Mendelsohn, Appellant, et al., Defendant

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

May 6, 1957

Judgment insofar as appealed from reversed and a new trial granted, with costs to abide the event.

In our opinion, the judgment in favor of respondent was not improper as a matter of law, because the contact between the cars was relatively slight and the intestate apparently suffered no visible injuries. (Cf. Comstock v. Wilson, 257 N.Y. 231; Poplar v. Bourjois, Inc., 298 N.Y. 62, 67-68.) We believe, however...

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