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  5. 62 A.D.2d 907 (1978)
 

THROWER v. SMITH

62 A.D.2d 907 (1978)

Ella M. Thrower et al., Respondents, v. John J. Smith et al., Respondents; Isidoro Perez, Appellant

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

July 3, 1978

Attorney(s) appearing for the Case

A. Paul Goldblum for appellant.

Jacob Bromberg for Ella M. Thrower and another, respondents.

Raymond J. MacDonnell (Philip Hoffer of counsel; Rose L. Hoffer and Peter T. Affatato on the brief), for Max Berens, respondent.

RABIN and COHALAN, JJ., concur with TITONE, J. P.; SHAPIRO, J., dissents and votes to affirm the judgment, with an opinion.

TITONE, J. P.

This is a personal injury action arising from a chain collision of four automobiles. Plaintiffs, Charles Thrower and his wife, Ella Mae Thrower, occupied the lead or first car. Defendant Smith owned and operated the second vehicle, defendant-appellant Perez, the sole defendant found liable, operated the third vehicle and defendant Berens, who was deceased at the time of the trial, operated the fourth...

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