SZABO v. SUPER OPERATING CORP.


51 A.D.2d 466 (1976)

Julia Szabo, Respondent-Appellant, v. Super Operating Corp. et al., Respondents; Hertz Corporation et al., Appellants-Respondents

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

April 13, 1976


Attorney(s) appearing for the Case

Bernard S. Meyer of counsel (Meyer, English & Cianciulli, P. C. and Fogarty, McLaughlin & Semel, attorneys), for appellants-respondents.

Morton H. Feder for respondent-appellant.

Thomas R. Newman of counsel (Joseph R. Apfel with him on the brief; Harry Sokel, attorney), for respondents.

LUPIANO, LANE and NUNEZ, JJ., concur with BIRNS, J.; MURPHY, J. P., dissents in an opinion.


BIRNS, J.

Before us is an order, Supreme Court, New York County (MARESCA, J.), entered June 3, 1975, setting aside a verdict in favor of plaintiff against taxi defendants and in favor of truck defendants, as against the weight of the evidence in the interests of justice and ordering a new trial. The truck defendants appeal and the plaintiff cross-appeals.

A taxicab and a truck owned by the respective...

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