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GARDNER v. DON-Q-MOTORS

32 Misc.2d 1008 (1962)

George W. Gardner, Plaintiff, v. Don-Q Motors, Inc., et al., Defendants.

Supreme Court, Trial Term, Bronx County.

January 28, 1962

Attorney(s) appearing for the Case

Murray Schechter (Richard S. Pardes of counsel), for plaintiff. Schaffner & Decker (Dave Decker of counsel), for Don-Q Motors, Inc., defendant. Daniel Rosen for Frank Castillanos, defendant.

CHARLES A. LORETO, J.

The complaint charges an assault committed by an employe in the course of his employment. The suit is against both employer and employee. On stipulation, the liability issue was tried first to the court without a jury, reserving for trial later the question of damages if liability is found.

It appears that on January 29, 1961 plaintiff purchased a used automobile from the corporate...

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