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PAYNE v. PAYNE

28 N.Y.2d 399 (1971)

Phyllis Payne, Appellant, v. Leonard R. Payne, Individually and as a Partner Doing Business under the Assumed Name of Paynes Body and Fender Garage, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided May 26, 1971.

Attorney(s) appearing for the Case

Bernard Samuels and Richard B. Alderman for appellant.

Robert G. Hurlbutt for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON concur.

SCILEPPI, J.

This action is brought against two brothers, co-owners of an automobile which struck and injured the plaintiff while being driven by her husband, Duane K. Payne. The evidence brought forth on the motion for summary judgment shows that on the day of the accident respondent was at his regular place of employment. According to his practice, he had parked the car in the yard of a nearby gas station and...

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