FLAMHOLZ v. MASE ELEC., INC.


43 A.D.2d 521 (1973)

Mary Flamholz, as Administratrix of The Estate of Allen Flamholz, Deceased, et al., Appellants, v. Mase Electric, Inc., et al., Respondents

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

November 8, 1973


A two-car collision resulted in actions by each driver against the other, with the usual inclusion of owners, and a derivative cause asserted by a spouse. A consolidated trial took place in which the Flamholz side took the role of defendant and the other side that of plaintiff. Driver Flamholz had died from causes unrelated to the case and had never been deposed, while driver Masone did not testify by reason of amnesia suffered as a sequel of the accident. Apparently evaluating...

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