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BISCHERT v. LIMOUSINE RENTAL SERV.

33 A.D.2d 355 (1970)

John Bischert, Plaintiff, and Malcolm Perry, Respondent, v. Limousine Rental Service et al., Appellants. (And 2 Other Actions.)

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

March 9, 1970.

Attorney(s) appearing for the Case

Vander Voort, Cline & MacVean (V. Frank Cline of counsel), for Limousine Rental Corporation and another, appellants.

Bower, O'Connor, Taylor & Gardner (Benjamin H. Siff of counsel), for Swan Lake Poultry Corp. and another, appellants in Action No. 2.

Appelbaum & Eisenberg (Bertram W. Eisenberg of counsel), for respondent in Action No. 1.

N. Le Van Haver and Richard B. Overbagh for respondent in Action No. 2.

HERLIHY, P. J., STALEY, JR., and SWEENEY, JJ., concur with GREENBLOTT, J.; REYNOLDS, J., dissents and votes to reverse and order a new trial, in an opinion.

GREENBLOTT, J.

These are appeals (1) from a judgment of the Supreme Court in favor of plaintiffs Malcolm Perry and Malcolm Perry, Jr., entered February 27, 1969 in Sullivan County, upon verdicts rendered at a Trial Term, and (2) from orders which denied defendants' motions to set aside the verdicts.

These actions arose out of a collision between a bus owned by Limousine Rental Service, driven by Richard...

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