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JOHNSON v. MUNN

57 A.D.2d 108 (1977)

David Johnson, Appellant, v. John Munn, Respondent

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

April 21, 1977

Attorney(s) appearing for the Case

Ernest & George Abdella (Ernest Abdella of counsel), for appellant.

William J. Stewart for respondent.

KANE, J. P., MAIN, LARKIN and HERLIHY, JJ., concur.

MAHONEY, J.

The plaintiff served an amended complaint (CPLR 3025, subd [a]) and the defendant responded by service of an answer (CPLR 3025, subd [d]) wherein he failed to deny the allegation of the amended complaint that he was the operator of an automobile involved in a one-car accident wherein plaintiff was allegedly injured. At trial defendant, over plaintiff's objections, was permitted to introduce evidence...

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