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MARTIN v. MIETH

35 N.Y.2d 414 (1974)

Lisa Martin, Respondent, v. Erna H. Mieth, Appellant.

Court of Appeals of the State of New York.

Decided November 27, 1974.

Attorney(s) appearing for the Case

Sidney A. Schwartz and Irwin H. Haut for appellant.

Cyrus M. Diamond and Charles F. McGuire for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and RABIN concur; Judge STEVENS taking no part.

WACHTLER, J.

On December 20, 1970 the plaintiff, Lisa Martin, was a passenger in an automobile owned and operated by the defendant, Erna Mieth. Both were, and still are, residents of Toronto, Canada. They were traveling on Route 60 in Chautauqua County when for reasons unexplained the vehicle left the public roadway, overturned and came to a halt on the front lawn of one William Penhollow. The plaintiff sustained...

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