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HESSE v. HRUBSA

57 Misc.2d 913 (1968)

Star Hesse, an Infant, by Her Guardian ad Litem, William F. Hesse, et al., Respondents, v. John Hrubsa et al., Defendants, and Ann Miller, Appellant.

Supreme Court, Appellate Term, Second Department.

August 30, 1968

Attorney(s) appearing for the Case

John C. Young for appellant. Sol Gordon for respondents.

Concur — HOGAN P J., GLICKMAN and PITTONI, JJ.

Per Curiam.

Plaintiff failed to establish any reservation of control on the part of defendant Miller over the site of the accident (Marino v. Landberge, 297 N.Y. 830) and her own freedom from contributory negligence (Alexander v. Cavagnaro, 4 A.D.2d 689, affd. 4 N.Y.2d 989; Midgett v. Mastropoalo, 277 App. Div. 792, app. dsmd...

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