TAUB v. CLINTON TAXI CORP.


24 A.D.2d 716 (1965)

Martin Taub, Respondent, v. Clinton Taxi Corporation et al., Appellants

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

September 30, 1965


Order, entered February 9, 1965, unanimously reversed, on the law, with $30 costs and disbursements, to appellants, and plaintiff's motion for summary judgment denied.

The plaintiff, moving for summary judgment in this action for personal injuries, grounded in negligence, was bound to present a proper factual showing of freedom from contributory negligence. There is no affidavit submitted by the plaintiff himself, and there is no proper showing of what he did in the...

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