UGARRIZA v. SCHMIEDER


61 A.D.2d 1010 (1978)

Magaly Ugarriza, Respondent, v. Glenn R. Schmieder et al., Appellants

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

March 13, 1978


Order reversed, on the law, with $50 costs and disbursements and motion denied.

The uncontroverted facts permit conflicting inferences which may be resolved only by the trier of the facts.

Margett, J., dissents and votes to affirm the order with the following memorandum:

Plaintiff was a passenger in a car driven by defendant Glenn R. Schmieder (hereafter referred to as defendant) which collided with a cement divider in a parking lot shortly...

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