PROVENZO v. SAM


27 A.D.2d 442 (1967)

James Provenzo, Respondent, v. Nancy D. Sam et al., Appellants

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

May 23, 1967.


Attorney(s) appearing for the Case

Charles J. Hannum and Anthony J. Spann for respondent.

Johnson, Peterson, Tener & Anderson (William C. Arrison of counsel), for Nancy D. Sam, appellant.

Blood & Meeder (William R. Blood of counsel), for Ruth Martenson, appellant.

WILLIAMS, P. J., BASTOW and HENRY, JJ., concur in Per Curiam opinion; GOLDMAN, J., dissents and votes to affirm the judgment as to both defendants in an opinion in which DEL VECCHIO, J., concurs.


Per Curiam.

Plaintiff has received a substantial monetary award from a jury against both defendants. The proof established that he was operating his vehicle behind one driven by the defendant Martenson. The car of the latter swerved back and forth, struck a parked car, crossed the street, struck a house and stopped. This defendant, Martenson, previously had had at least three drinks and subsequently plead guilty to...

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