ALLCITY INS. v. OLD GREENWICH DELI.


75 Misc.2d 898 (1973)

Allcity Insurance Company, as Subrogee of Salvatore Sacheli, Plaintiff, v. Old Greenwich Delicatessen, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

April 20, 1973


Attorney(s) appearing for the Case

Wexner & Koenig (Arnold Koenig of counsel), for plaintiff. J. Robert Morris and Thomas G. Farrell for defendant.


FRITZ W. ALEXANDER, II, J.

These are unusual facts. The statutory law has undergone major revision since facts similar to these were last considered by the courts of this State.

The parties stipulated that "Defendant's employee, brought the car into the Flo Car Auto Wash [hereinafter `Car Wash']. The car was attached to a tow line and towed without its operator, through the car wash. When it emerged from the wash, it suddenly rolled down an incline...

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