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KAPLOWITZ v. MAR-LEE CONSTR. CORP.

43 Misc.2d 268 (1964)

Estelle Kaplowitz et al., Plaintiffs, v. Mar-Lee Construction Corp. et al., Defendants. (Action No. 1.) Estelle Kaplowitz et al., Plaintiffs, v. James Howard, Defendant. (Action No. 2.) Vicky Howard et al., Plaintiffs, v. Marty Martell, Defendant. (Action No. 3.) Mar-Lee Construction Corp. et al., Plaintiffs, v. James Howard, Defendant. (Action No. 4.)

Supreme Court, Westchester County.

April 20, 1964

Attorney(s) appearing for the Case

Zelenko & Elkind for plaintiffs in Actions Nos. 1 and 2. Casper B. Ughetta for defendants in Actions Nos. 1 and 3. O'Brien & Kelly for defendants in Actions Nos. 2 and 4. Louis Weiser for plaintiff in Action No. 3. Casper B. Ughetta for plaintiffs in Action No. 4.

FRANK S. McCULLOUGH, J.

The court has been asked for a determination of a request to charge the doctrine of Mills v. Gabriel (259 App. Div. 60, affd. 284 N.Y. 755).

Section 59 (now § 388) of the Vehicle and Traffic Law reads as follows: "Every owner of a motor vehicle or motor cycle operated upon a public highway shall be liable and responsible for death or injuries to person or property resulting from negligence in the operation of...

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