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KOPPERMAN v. ZAR

62 Misc.2d 940 (1970)

Paula Kopperman, Respondent-Appellant, v. Samuel Zar et al., Appellants-Respondents.

Supreme Court, Appellate Term, Second Department.

February 25, 1970

Attorney(s) appearing for the Case

Bertram Herman for respondent-appellant. Ponzan & Goldblum (Albert P. Thill of counsel), for Samuel Zar, appellant-respondent. Fogarty & Nielsen (Douglas A. Boeckmann of counsel), for John J. Nieves, appellant-respondent.

Concur — GROAT, P. J., RINALDI and CONE, JJ.

Per Curiam.

While Special Term properly concluded that there are triable issues as to the negligence of the respective defendants, it was error to summarily determine that plaintiff passenger's freedom from contributory negligence had been established. The resolution of this issue must await a plenary trial since it necessarily involves facts which are peculiarly within the knowledge of the moving party (Terranova...

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