HENDRICKSON v. CARTER


54 A.D.2d 971 (1976)

Margaret Hendrickson, Respondent, v. Nellie Carter, Respondent, and Philip Gelfand, as Administrator of The Estate of Hyman Auster, Deceased, Appellant

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

November 29, 1976


Interlocutory judgment reversed, on the law and in the interests of justice, and new trial granted as to all parties and causes, with costs to abide the event. No fact findings have been reviewed.

Conflicting testimony was presented as to whether the defendant Carter was speeding when the collision occurred. The Trial Judge directed a verdict against defendant Gelfand because of uncontroverted evidence that his intestate, Auster, who died of unrelated causes, passed...

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