RYAN v. NOAKES


11 A.D.2d 635 (1960)

Joseph J. Ryan, Respondent, v. Charles Noakes, Appellant, et al., Defendant

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

May 16, 1960


Order and judgment of Monroe County Court reversed on the law and facts, without costs of this appeal to either party and judgment of Rochester City Court reinstated.

Memorandum:

In our opinion the question of whether or not the appellant's automobile was being operated with his permission at the time of the accident was one of fact for the determination of the jury. The finding of the jury, inherent in the verdict, that it was not then

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