REED v. LYMAN


44 A.D.2d 545 (1974)

Monroe Reed, Appellant, v. Robert Lyman, Respondent

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

March 25, 1974


Appellant shall recover of respondent $60 costs and disbursements of this appeal.

The defendant entered his car in a garage with the motor having been left running by the attendant. He shifted from "neutral" to "drive", and the vehicle raced forward to the pedestrian sidewalk and struck the passing plaintiff. The only indicated possible defense is the statement by the defendant's counsel referring to evidence of a mechanical failure or malfunction of defendant's automobile...

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