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KRACKER v. CITY OF NEW YORK

36 A.D.2d 538 (1971)

Walter Kracker, Respondent, v. City of New York et al., Defendants, and Myrtle Motors Corporation, Appellant

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

January 25, 1971

Judgment affirmed insofar as appealed from, with costs.

No opinion.

Martuscello and Shapiro, JJ., dissent and vote to reverse the judgment insofar as appealed from and to grant a new trial between plaintiff and defendant Myrtle Motors Corporation, with the following memorandum:

In our opinion it was error for the trial court not to permit Myrtle Motors Corporation to show that the absence of brake fluid in...

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