HOROWITZ v. KONNER, INC.


67 A.D.2d 38 (1979)

Martha Horowitz, Appellant, v. Kevah Konner, Inc., et al., Respondents

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

March 22, 1979


Attorney(s) appearing for the Case

Irene A. Siegel of counsel (Julius Siegel, attorney), for appellant.

Michael Hirsch of counsel (Irving Miness, attorney), for respondents.

KUPFERMAN and EVANS, JJ., concur with MURPHY, P. J.; BIRNS and LUPIANO, JJ., dissent in an opinion by LUPIANO, J.


MURPHY, P. J.

Plaintiff Horowitz submitted an affidavit of merit in support of her motion for summary judgment in this negligence action. In that affidavit, plaintiff states that on December 20, 1975, she was a passenger in a chartered bus owned by defendant Kevah Konner, Inc., and operated by defendant Bowen. At about 10:45 P.M., the bus was proceeding in a southerly direction on the New York State Thruway. At...

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