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HARVEY v. PLATTEN

33 A.D.2d 724 (1969)

Arthur J. Harvey, Respondent, v. Eugene Platten, Appellant

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

November 25, 1969

MEMORANDUM BY THE COURT.

The instant action was commenced by the plaintiff to recover property damages to his automobile. The record establishes that on May 18, 1965 the appellant's automobile was parked so that about one foot or more of it extended across an opening in the curbing on a city street for a private driveway; that the plaintiff parked his car using that driveway and in so doing he observed the appellant's car; that the opening in the curbing was some...

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