BONGIORNO v. WECHTER FUEL OIL CO.


30 A.D.2d 858 (1968)

Leonard Bongiorno, Appellant, v. Wechter Fuel Oil Company et al., Respondents

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

July 22, 1968


Judgment dated April 15, 1965, affirmed, with costs. No opinion.

Order dated June 4, 1965 dismissed, without costs.

No appeal lies from an order denying a motion to reconsider, on the trial minutes, a decision dismissing the complaint upon the trial.

Rabin and Benjamin, JJ., concurs and dissents.

In this intersection collision case, plaintiff was unable to testify as to the happening of the accident because brain damage suffered in the accident...

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