KOSACK v. SCHIFF


13 A.D.2d 819 (1961)

Howard Kosack, Respondent, v. Hyman Schiff, Appellant, and Robert Watford, Respondent

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

May 22, 1961


Order, insofar as appealed from, reversed, without costs, and motion for summary judgment denied.

It was not denied that defendant Schiff's car jumped over a divider, separating opposite traffic lanes, and came into contact with plaintiff's car, in plaintiff's lane. In addition, it was established that said defendant, immediately prior to the accident, was exceeding the speed limit. However, "proof merely of the sudden swerving

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