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PULKA v. EDELMAN

40 N.Y.2d 781 (1976)

Shaul Pulka, Respondent, v. Lillian Edelman et al., Defendants, and Ace Garage, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 1976.

Attorney(s) appearing for the Case

Abraham Shapiro and A. Allen Stanger, New York City, for appellant.

Joseph Kelner and Gilbert S. Glotzer, New York City, for respondent.

Chief Judge BREITEL and Judges JASEN and JONES concur with Judge COOKE; JUDGES GABRIELLI, WACHTLER and FUCHSBERG dissent and vote to affirm in a memorandum.

COOKE, J.

We determine here whether the operators of a parking garage are liable in negligence for an injury to a pedestrian struck by a car while it was being driven out of the garage and across an adjacent sidewalk, not by a garage employee, but by a patron of the garage.

After trial in the Civil Court of the City of New York, a verdict was returned in favor of plaintiff against the owner and operator...

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