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CULLEN v. NAPLES

41 A.D.2d 671 (1973)

Michael Cullen, an Infant, by Carol Cullen, His Mother, et al., Respondents, v. Francis Naples et al., Appellants, and Home Indemnity Company et al., Defendants

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

February 26, 1973

We have reviewed the findings and again affirm the judgment, with costs jointly to respondents appearing separately.

In our opinion, the evidence adduced justifies the finding of fact made at Special Term that the operation of the vehicle by defendant Kleine was with the "implied-permission and consent" of defendant Francis Naples, Sr.

Gulotta and Christ, JJ., dissent and vote to reverse and to grant judgment declaring that defendant

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