BERENGER v. GOTTLIEB


77 Misc.2d 960 (1973)

Frederick Berenger, Respondent, v. Gerald Gottlieb, Appellant, and Stanley Gerlitz et al., Respondents.

Supreme Court, Appellate Term, Second Department.

June 25, 1973


Attorney(s) appearing for the Case

Allan Marcus (Joseph Marcus of counsel), for plaintiff-respondent. George S. Evans (Bartholomew J. Rebore of counsel), for defendant-appellant Gottlieb. Raymond J. MacDonnell (Peter T. Affatato of counsel), for defendant-respondent Parinello.

Concur — SCHWARTZWALD, P. J., RINALDI and CONE, JJ.


Per Curiam.

Judgment unanimously reversed and new trial ordered, with $30 costs to defendants to abide the event.

Plaintiff's car was involved in a five-car collision and he brought this action against the owners of the other four vehicles to recover the damages he allegedly suffered as a result of their negligence. In his instructions to the jury, the court below charged, on the basis of his interpretation of the decision of the Court of Appeals in...

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