BELCHER v. KESTEN


36 A.D.2d 736 (1971)

Theodore Belcher, as Administrator of The Estate of Barbara Belcher, Deceased, et al., Respondents, v. Joyce Kesten et al., Defendants, and Metropolitan Tobacco Company, Inc., et al., Appellants. (Action No. 1.) (And Four Other Actions.)

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

March 15, 1971


Judgment reversed insofar as appealed from, on the law and the facts, with costs, and complaint dismissed as to defendants Metropolitan Tobacco Co., Inc., and Hugo Raunecker.

In our opinion, no finding of negligence against the appealing defendants can be predicated on the credible evidence in this case. Aside from the testimony of defendant Kesten, necessarily rejected by the jury in its verdict against her, all the other evidence established that the Kesten car...

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