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JAMISON v. WALKER

48 A.D.2d 320 (1975)

Ruth M. Jamison, as Administratrix of The Estate of Len Parler, Deceased, Appellant, v. John Walker et al., Respondents

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

June 16, 1975

Attorney(s) appearing for the Case

Leonard E. Friedman (Bernard Meyerson of counsel), for appellant.

Mele & Cullen (Joseph D. Ahearn of counsel), for Farmingdale Garage, Inc., respondent.

LATHAM and COHALAN, JJ., concur; MARTUSCELLO and BRENNAN, JJ., dissent and vote to affirm.

HOPKINS, Acting P. J.

This appeal in a wrongful death action entails two separate but related issues — whether the plaintiff established a prima facie case on the jury trial of the issues of negligence and contributory negligence and whether defendant Farmingdale Garage, Inc. was estopped from disclaiming liability resulting from the use of its dealer's registration plates on the automobile which struck...

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