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LEVY v. VAN DE MAR

9 A.D.2d 726 (1959)

Morton M. Levy, Respondent, v. Donald R. Van De Mar et al., Appellants

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

October 30, 1959

Order reversed on the law and facts and verdicts of the jury reinstated, with costs to the appellants.

Memorandum:

The verdict of no cause of action should have been allowed to stand. The finding that the plaintiff-respondent was guilty of contributory negligence is not against the weight of evidence. The verdict in favor of the defendant-appellant, Donald R. Van De Mar for damages to the automobile, should have been allowed to stand as he was an absentee...

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