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LACOVARA v. FLEET TRANSP. CO., INC.

12 A.D.2d 957 (1961)

James Lacovara, Respondent, v. Fleet Transportation Co., Inc., et al., Appellants, et al., Defendant

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

February 14, 1961

Judgment affirmed, with costs.

The complaint sufficiently alleged a cause of action in negligence against the defendants (Peterson v. Eighmie, 175 App. Div. 113; Wylie v. Stevens, 261 App. Div. 1031); and, in any event, no claim to the contrary was advanced on the trial (cf. Knapp v. Simon, 96 N.Y. 284, 291-292). We are also of the opinion that the record presented questions of fact as to the negligence...

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