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SCHWARTZ v. PUB. ADM'R

24 N.Y.2d 65 (1969)

Herman G. Schwartz, Appellant, and Elaine Schwartz, Plaintiff, v. Public Administrator of the County of Bronx, as Administrator of The Estate of George Panoff, Deceased, Respondent. Angela M. Bartolone, Respondent, v. Niagara Car and Truck Rentals, Inc., et al., Appellants. In the Matter of the Arbitration between John Wever, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant.

Court of Appeals of the State of New York.

Decided February 20, 1969.

Attorney(s) appearing for the Case

Kenneth B. Becker for appellant in the first above-entitled action.

Robert G. Sheller, Edward A. Harmon, Morris L. Wolf and Edgar T. Schleider for respondent in the first above-entitled action.

Arthur B. Ewig for appellants in the second above-entitled action.

Ned Kopald for respondent in the second above-entitled action.

Sidney Gaines and Edward Cherney for appellant in the above-entitled proceeding.

Joseph Rothbard for respondent in the above-entitled proceeding.

Chief Judge FULD and Judges BURKE, SCILEPPI and JASEN concur with Judge KEATING; Judge BERGAN dissents and votes to affirm in a separate opinion in which Judge BREITEL concurs.

KEATING, J.

Three cases come to us presenting a common and significant question of procedural law: Should a judgment in favor of a passenger in an action against the operators of two colliding vehicles give rise to an estoppel, which would bar a subsequent action by one of the drivers against the other for his own personal injuries or property damage? To put the issue in terms of legal precedent, should Glaser...

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