DAILEY v. LUTHER


10 A.D.2d 723 (1960)

Ernestine Dailey, Respondent, et al., Plaintiff, v. Arnold D. Luther, Appellant

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

March 21, 1960


Respondent, a passenger in a motor vehicle, sued to recover damages for injuries received when that vehicle was involved in a collision with a motor vehicle operated by appellant. Judgment insofar as it is in favor of respondent against appellant reversed, respondent's cause of action severed, and a new trial granted as to the issues raised by that cause of action and the answer thereto, with costs to appellant to abide the event. Since the record indicates that counsel for...

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