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GONZALEZ v. VAN NOSTRAND

7 A.D.2d 868 (1959)

Julio Gonzalez, as Administrator of The Estate of Amalio Gonzalez, Deceased, Appellant, v. Mildred P. Van Nostrand, as Administratrix of The Estate of William Van Nostrand, Deceased, Respondent

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

January 26, 1959

Judgment unanimously affirmed, without costs.

In our opinion, there was no proof of any culpable negligence on the part of respondent's intestate. The testimony was that appellant's intestate, a nine-year-old boy, was killed while allegedly running behind a truck operated by respondent's intestate on an icy street. Other boys were allegedly "hitching" on the back of this truck and meddling with the rear door which swung open and struck appellant's intestate. There...

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