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HERTZ v. MONTLACK

24 A.D.2d 626 (1965)

George Hertz, Appellant, v. Howard Montlack et al., Doing Business as Harmon Sunoco Service Station, Respondents

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

July 19, 1965

Judgment reversed on the law and a new trial granted, with costs to plaintiff to abide the event. No issues of fact were considered.

In our opinion, under the circumstances here, jury questions were presented as to defendants' negligence and plaintiff's freedom from contributory negligence (Axelrod v. Krupinski, 302 N.Y. 367; Faso v. City of New York, 18 A.D.2d 1005). Plaintiff having...

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