STEINHAUSER v. SOCONY MOBIL OIL CO., INC.


42 A.D.2d 739 (1973)

James F. Steinhauser et al., Appellants, v. Socony Mobil Oil Company, Inc., et al., Respondents

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

July 9, 1973


Appeal by plaintiff Wallach's Auto Rental, Inc., dismissed, without costs. The judgment does not contain a decretal provision adverse to said plaintiff. On the appeal by plaintiff Steinhauser, judgment reversed, on the law, and new trial granted between said plaintiff and defendants, with costs to abide the event. The appeal did not present questions of fact.

In our opinion, the fact that plaintiff Steinhauser was an amnesiac was sufficient to require the presentment...

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