NEFERIS v. CUMMINGS


20 A.D.2d 940 (1964)

Dino Neferis, Appellant, v. Lawrence Cummings, Respondent

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

April 29, 1964


He was injured when the automobile in which he was a passenger, and which was being operated by defendant, left the highway and tipped over on its side. We find no sufficient evidence of negligence on the part of plaintiff and conclude that the verdict of no cause of action was contrary to the weight of the evidence, whether plaintiff's version or that of defendant be credited. Defendant said: "This car ahead of me had turning signals on to turn right. I was in third gear...

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