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CARABOTT v. MAY

29 A.D.2d 889 (1968)

Carmen Carabott, Respondent, v. Otto May, Appellant

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

March 25, 1968

The same deficiencies in the proof adduced at an earlier trial of this action (Carabott v. May, 21 A.D.2d 824) continue to persist.

Benjamin, J., dissents and votes to affirm the judgment, with the following memorandum:

Defendant is a used car dealer who, 10 days before the accident, sold the $40 car involved in the accident without first having it officially inspected. Plaintiff was a passenger in that...

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