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TULLY v. POLITO

49 A.D.2d 954 (1975)

Edwin Tully, Appellant, v. Vincent A. Polito, Respondent

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

October 28, 1975

Judgment affirmed, with costs.

Plaintiff, as a long distance driver of defendant's automobile, had a concurrent duty with defendant to inspect the vehicle and was negligent in failing to discover patent defects in equipment (Fried v Korn, 286 App Div 107, affd 1 N.Y.2d 691). Thus, as a matter of law, plaintiff cannot recover on his claim and the trial court was justified in dismissing...

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