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MACE v. RYDER TRUCK

55 A.D.2d 432 (1977)

Bruce C. Mace, Respondent, v. Ryder Truck Rental, Inc., Appellant Joanne Mace, Respondent, v. Ryder Truck Rental, Inc., Appellant

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

January 20, 1977

Attorney(s) appearing for the Case

Hancock, Estabrook, Ryan, Shove & Hust (Robert A. Small of counsel), for appellant.

Bond, Schoeneck & King (John J. Dee of counsel), for respondents.

MAIN and LARKIN, JJ., concur with HERLIHY, J.; KOREMAN, P. J., dissents and votes to affirm in an opinion; SWEENEY, J., dissents and votes to affirm in a separate opinion.

HERLIHY, J.

The plaintiff, Bruce C. Mace (hereinafter referred to as plaintiff) was employed by a third party to drive trucks leased from the defendant. The defendant was required to maintain the vehicles and the jury could find (as it apparently did) that on January 5, 1971 plaintiff requested service for the power steering and defendant performed such service so inadequately or negligently as to cause the power...

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