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BATTISTA v. BOGAN

16 A.D.2d 970 (1962)

Carmine A. Battista et al., Respondents, v. James B. Bogan, Appellant, et al., Defendant

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

June 25, 1962

Judgment, insofar as appealed from, affirmed, with costs.

No opinion.

Ughetta, Acting P. J., and Hill, J., dissent and vote to reverse the judgment insofar as appealed from, and to dismiss the complaint on the ground that the evidence adduced was insufficient as a matter of law to establish that the defendant Bogan was negligent in the operation of his automobile (cf. Ruback v. McCleary, Wallin & Crouse

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