GUZMAN v. VEREB


35 A.D.2d 795 (1970)

Ivan Guzman, Appellant, v. William Vereb, Doing Business as Triangle Service Center, Respondent

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

November 17, 1970


Respondent shall recover of appellant $50 costs and disbursements of this appeal.

As the trial court properly held, "in view of the facts and in view of the testimony of the plaintiff himself as to the circumstances of this accident * * * [it cannot be seen] * * * how the conclusion can be avoided that this plaintiff was inattentive and oblivious to what necessarily was occurring before him." Plaintiff had brought his auto to defendant's station, where it was mounted...

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