24 N.Y.2d 105 (1969)

Edward Fleming, Respondent, v. Domenic Ponziani et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 27, 1969.

Attorney(s) appearing for the Case

Edward J. Hart for appellants.

Harold Merran and Philip L. Wiener for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.


Edward Fleming was removed from the scene of an accident by ambulance in a state of unconsciousness and taken to a nearby hospital. Only minutes before he had been a passenger in a vehicle owned by an old friend, Theodore Chodorowski, and driven with his consent by Domenic Ponziani. Chodorowski's car collided with a milk truck owned by Rainbow Dairies and operated by Chester Suzel.


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