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KASKOFF v. ANDERSON

18 A.D.2d 192 (1963)

Evelyn Kaskoff, Respondent, v. William G. Anderson et al., Appellants

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

March 13, 1963.

Attorney(s) appearing for the Case

Watts, Oakes & Vandervoort (Kenneth A. MacVean of counsel), for appellants.

Hyman C. Levine for respondent.

GIBSON and HERLIHY, JJ., concur with BERGAN, P. J.; HERLIHY, J., concurs in a separate opinion in which BERGAN, P. J., and GIBSON, J., concur; REYNOLDS, J., dissents and votes to reverse and order a new trial, in an opinion, in which TAYLOR, J., concurs.

BERGAN, P. J.

Plaintiff's car was struck on the left side between the door and rear fender by a car operated by defendant Christine Anderson in the Village of Jeffersonville. A verdict for $10,000 was returned by a jury in favor of plaintiff for her personal injuries against both defendants Anderson and the main question on appeal is whether it was error for the court to charge, as one alternative open to the...

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