GUTIN v. MASCALI & SONS


22 Misc.2d 1038 (1960)

Seymour Gutin, Plaintiff, v. Frank Mascali & Sons, Defendant.

Supreme Court, Trial Term, Kings County.

January 13, 1960.


Attorney(s) appearing for the Case

Irving Cohen and Jerome Edelman for plaintiff.

James E. Whalen and Thomas P. Costello for defendant.


LOUIS L. FRIEDMAN, J.

On March 23, 1954 plaintiff, a man about 54 years of age, was driving his automobile in a northerly direction along the East River Drive. His wife was seated alongside of him in the front of the car. It was a dry day, and the left-hand driver's window of the automobile was open. After he had passed 95th Street and was approaching 96th Street, a shower of pieces of concrete came into his...

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