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SCHMALZ v. ABARNO

10 A.D.2d 1007 (1960)

Helen R. Schmalz, Respondent-Appellant, v. Julia Abarno, Appellant-Respondent, and Robert C. Kullick, Respondent

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

May 31, 1960

Order insofar as appealed from affirmed, with costs to plaintiff payable by defendant Abarno, and with costs to defendant Kullick payable by plaintiff.

The jury could properly find that defendant Abarno was proceeding on a wet and slippery road and that she made a turn to change the course of the car at such speed and in such a manner as to constitute negligence under the road conditions then prevailing. (Cf. Counter...

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