DUCH v. GIACQUINTO


15 A.D.2d 20 (1961)

John Duch, Respondent, v. Victor Giacquinto, Appellant

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

December 5, 1961.


Attorney(s) appearing for the Case

Mullarkey & Horigan (Richard T. Horigan of counsel), for appellant.

Donohue & Bohl (Howard D. Clayton, Jr., of counsel), for respondent.

BERGAN, P. J., COON, GIBSON and TAYLOR, JJ., concur.


HERLIHY, J.

Appeal from a judgment, resulting from a jury verdict, which set aside a general release in the amount of $300 in a personal injury case and awarded a verdict for plaintiff in the amount of $5,000 for the said personal injuries.

The plaintiff, 88 years old, unable to read or speak the English language, was struck by the automobile of defendant while walking along the curb, the sidewalk being icy, on one of the streets in the City of...

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