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RIVERA v. W. & R. SERV. STA.

34 A.D.2d 115 (1970)

Cruz Rivera et al., Appellants, v. W. & R. Service Station, Inc., et al., Respondents, et al., Defendant

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

April 9, 1970.

Attorney(s) appearing for the Case

Irwin Strum for appellants.

James M. Gilleran of counsel (Edward L. Milde, attorney), for W. & R. Service Station, Inc., respondent.

William J. Regan of counsel (Benjamin Purvin, attorney), for Gilberto Feliciano, respondent.

CAPOZZOLI, J. P., NUNEZ and TILZER, JJ., concur with McGIVERN, J.; McNALLY, J., dissents in opinion.

McGIVERN, J.

'Twas on a summer's evening, June 30, 1963, on Bruckner Boulevard, which is in The Bronx. And Luis Rivera was rolling home in the family Chevrolet, after a Sunday visit to the Bronx Zoo. At his side was his spouse, Mrs. Cruz Rivera. When out of a gas station located at the intersection of Bruckner and Brook Avenue there sped a Ford sedan, 1954 vintage. The cars collided. At the wheel of the Ford...

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