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COHEN v. GILBERT

12 A.D.2d 301 (1961)

Mollie Cohen et al., Respondents, et al., Plaintiff, v. John Gilbert et al., Appellants

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

February 16, 1961.

Attorney(s) appearing for the Case

Jacob J. Milman of counsel (Alexander Kosloff, attorney), for Isaac Cohen, appellant.

John M. Cunneen of counsel (Caverly, Dimond, Dwyer & Lawler, attorneys), for John Gilbert and another, appellants.

Richard D. Levidow of counsel (Kleinberg & Levidow, attorneys), for Mollie Cohen and others, respondents.

Anthony R. Martorano of counsel (Alfred Avins with him on the brief; Santangelo, Morrision & Martorano, attorneys), for Elizabeth Bologna and another, respondents.

BOTEIN, P. J., BREITEL, STEVENS and BERGAN, JJ., concur; McNALLY, J., concurs in result only.

Per Curiam.

In this negligence action plaintiffs sought damages for personal injuries. After the charge to the jury the following occurred:

Counsel for defendants-appellants Gilbert and Lindsay stated: "I must respectfully except, your Honor, to that portion of your Honor's charge in which you detailed the rules of the road insofar as speed of vehicles, when they should stop, on the grounds — this is...

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