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WALDORF v. SORBO

10 A.D.2d 226 (1960)

Ruth Waldorf, Appellant-Respondent, v. Tolein Sorbo, Respondent-Appellant, and Bradford Peck, Respondent Paul Waldorf, Appellant-Respondent, v. Tolein Sorbo, Respondent-Appellant, and Bradford Peck, Respondent

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

March 30, 1960.

Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy & Knauf for respondent-appellant.

Connor, Millman & Connor (William E. J. Connor, Morris Millman and John G. Connor of counsel), for Ruth Waldorf and another, appellants-respondents.

F. E. Lehner for respondent.

COON and HERLIHY JJ., concur with REYNOLDS, J.; BERGAN, P. J., and GIBSON, J., dissent and vote to affirm the order and judgment in favor of defendant Peck in a memorandum by BERGAN, P. J., in which GIBSON, J., concurs.

REYNOLDS, J.

These actions, by Ruth Waldorf for personal injuries and by Paul Waldorf, her husband, for loss of her services and expenses were brought as a result of an automobile accident which occurred at 10 o'clock on the morning of January 23, 1957 on Church Street in the Village of Copake, Columbia County, New York. The evidence shows that Church Street was a level street at the place where the accident...

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