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CITRON v. HARTFORD ACC & IND

88 Misc.2d 902 (1976)

Ira Citron, Respondent, v. Hartford Accident & Indemnity Company, Appellant.

Supreme Court, Appellate Term, Second Department.

November 8, 1976

Attorney(s) appearing for the Case

Herbert A. Levy and Greenhill & Speyer (John M. Speyer and Michael E. Gorelick of counsel), for appellant. Sherman & Citron (Arthur N. Ohringer of counsel), for respondent.

Concur — SCHWARTZWALD P. J., PINO and BUSCHSMAN, JJ.

MEMORANDUM.

The judgment of the court below (see 86 Misc.2d 26) should be affirmed, with $25 costs.

Plaintiff, in preparation for a trip which was to commence early the following morning, was in the process of loading his car. The car was parked in the garage located below plaintiff's apartment building. When he went down for the sixth time, he discovered that the car, which...

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