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HART v. SCRIBNER

44 A.D.2d 59 (1974)

Charles F. Hart, Jr., et al., Respondents, v. Charles Scribner, Appellant. (Action No. 1.) United States of America, as Subrogee of Charles F. Hart, Jr., Plaintiff-Intervenor, v. Charles Scribner, Defendant. (Action No. 2.) Charles C. Scribner et al., Appellants, v. Theresa Hart et al., Respondents. (Action No. 3.)

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

March 18, 1974.

Attorney(s) appearing for the Case

O'Brien & Kelly (Bernard S. Meyer of counsel), for Charles Scribner, appellant in Action No. 1.

Charles F. Cacciabaudo (Bernard S. Meyer of counsel), for Charles Scribner and another, appellants in Action No. 3.

Herz & Ryder (Herbert F. Sullivan of counsel), for Charles F. Hart, Jr., and another, respondents in Action No. 1.

A. Paul Goldblum for Theresa Hart and another, respondents in Action No. 3.

Benjamin Purvin (Charles F. Brady of counsel), for Patricia Hart, respondent in Action No. 3.

GULOTTA, P. J., MARTUSCELLO, SHAPIRO and MUNDER, JJ., concur.

HOPKINS, J.

In a joint trial on the issue of liability only, the plaintiffs in Action No. 1 in these consolidated actions, Charles F. Hart, Jr., and Patricia Hart, have recovered a judgment against the defendant therein, Charles Scribner. The main question is whether the instructions of the trial court concerning the doctrines of rescue and emergency were adequately charged to the jury under the circumstances...

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