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GOOCH v. SHAPIRO

7 A.D.2d 307 (1959)

Howard Gooch, Respondent, v. Ronald Shapiro, Appellant, and Andrew Holinko, Appellant-Respondent. (Action No. 1.) Jane Holinko et al., Respondents, v. Ronald Shapiro, Appellant. (Action No. 2.) Adam Orzuchowski, Respondent, v. Ronald Shapiro, Appellant. (Action No. 3.)

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

February 24, 1959.

Attorney(s) appearing for the Case

William F. McNulty of counsel (Rudser & Fitzmaurice, attorneys), for appellant.

Irving Moldauer (Daniel Cohen with him on the brief), for appellant-respondent.

Arthur Karger of counsel (Irving Nitzberg, attorney for Howard Gooch; Norman C. Harlowe, attorney for Adam Orzuchowski), for respondents.

Irving Moldauer (Daniel Cohen with him on the brief), for Jane Holinko and another, respondents.

BOTEIN, P. J., M. M. FRANK, McNALLY and STEVENS, JJ., concur.

Per Curiam.

No facts were elicited during the trial of this case which would support a finding of negligence as against either defendant. The car of defendant Holinko was traveling slowly south on the snow-covered Hutchinson River Parkway when it suddenly skidded. The driver took his foot off the gas pedal and tapped the brake lightly, but nevertheless the car went over the concrete divider and into the northbound lane...

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