WHEELER v. RABINE


15 A.D.2d 407 (1962)

Matilda Wheeler, Respondent, v. Albert Rabine, Appellant

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

February 20, 1962.


Attorney(s) appearing for the Case

McPhillips, Fitzgerald & Meyer (Gerald P. McPhillips and Martin A. Meyer of counsel), for appellant.

Salvatore J. Leombruno for respondent.

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


REYNOLDS, J.

On the morning of June 10, 1960 appellant while attempting to park his 1951 Cadillac behind a car owned by one Ashton Burt, was unable to stop and struck the rear of this parked vehicle. Respondent seated in the Burt car received personal injuries. Appellant testified that as he was endeavoring to park his car his foot brake failed and that although he applied the emergency brake he could not stop...

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