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FISHER v. TARZIO

9 A.D.2d 13 (1959)

George W. Fisher, Appellant, v. Dominick Tarzio, Respondent Milton V. Levitch, Appellant, v. Dominick Tarzio, Respondent

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

August 13, 1959.

Attorney(s) appearing for the Case

Jack Goodman, Bender Solomon and Milton Kaplan for appellants.

Oliver, Scully & Delaney (John J. Scully of counsel), for respondent.

COON, GIBSON and REYNOLDS, JJ., concur; HERLIHY, J., dissents and votes to affirm. There was sufficient evidence to justify the verdict of the jury.

BERGAN, J. P.

The claims of two plaintiff passengers who were injured while riding in the defendant's automobile have been disallowed by a jury which returned a verdict for the defendant. The car, fully in control of the defendant as operator, without interference by any other vehicle, ran off the road in an area of construction.

No act of negligence has been attributed to the plaintiffs in the operation...

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