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KRACKER v. CITY OF NEW YORK

29 N.Y.2d 884 (1972)

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

Court of Appeals of the State of New York.

Decided January 5, 1972.

Attorney(s) appearing for the Case

Bernard Meyerson and James J. McDonald for appellant.

Samuel B. Weingrad for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and GIBSON. Dissent: Judge JASEN.

Order affirmed, with costs; no opinion.

Judge JASEN dissents and votes to reverse in the following memorandum: I agree with the dissenters below that it was error for the trial court not to permit Myrtle Motors Corporation to show that the absence of brake fluid in plaintiff's automobile was caused by the heavy impact of that vehicle with the...

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