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GELLER v. SHERMAN

48 Misc.2d 1049 (1965)

Arthur Geller, Plaintiff, v. Sophie Sherman, Defendant.

Supreme Court, Trial Term, Kings County.

December 15, 1965

Attorney(s) appearing for the Case

Benjamin Eigg, Stanley Bryer, Gustave G. Rosenberg and Lawrence M. Rosenberg for plaintiff. Gillies & Mahoney (Warren E. Harrison of counsel), for defendant.

BENJAMIN BRENNER, J.

I find, upon the preponderance of the evidence, that the injuries sustained by plaintiff, while a passenger in the car owned by defendant, were caused by the negligence of its operator and without contributory fault, for which he is justly entitled to recover, provided there is no merit to defendant's affirmative defense that plaintiff's injuries are compensable by workmen's compensation...

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