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B. R. DeWITT, INC. v. HALL

19 N.Y.2d 141 (1967)

B. R. DeWitt, Inc., Appellant, v. Albert Hall, Respondent.

Court of Appeals of the State of New York.

Decided February 21, 1967.

Attorney(s) appearing for the Case

Percival D. Oviatt, Jr., for appellant.

Robert S. Beer and Charles J. O'Brien for respondent.

Chief Judge FULD and Judges BURKE and KEATING concur with Judge SCILEPPI; Judge BREITEL dissents in an opinion in which Judges VAN VOORHIS and BERGAN concur.

SCILEPPI, J.

In September, 1961, defendant Hall's jeep collided with and damaged a cement mix truck owned by plaintiff and operated by one Farnum. Farnum sued defendant for personal injuries, recovering a $5,000 verdict after a jury trial. In May, 1964, about two months after the termination of the Farnum v. Hall lawsuit, plaintiff sued Hall for property damage to its truck in the amount of $8,250. After...

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