JARRETT v. MADIFARI


67 A.D.2d 396 (1979)

Richard Jarrett et al., Appellants, v. Vincent Madifari, Respondent

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

April 19, 1979


Attorney(s) appearing for the Case

Herbert M. Horowitz of counsel (David Jaroslawicz and Gustav G. Rosenberg with him on the brief; Lawrence M. Rosenberg and Herbert M. Horowitz, attorneys), for appellants.

Leo Eckman of counsel (Greengold & Eckman, attorneys), for respondent.

BIRNS, J. P., and FEIN, J., concur with LUPIANO, J.; SULLIVAN and LYNCH, JJ., dissent in an opinion by LYNCH, J.


LUPIANO, J.

After a nonjury trial in this negligence action, judgment was awarded the defendant dismissing the complaint. Plaintiff, Richard Jarrett, was a passenger in a vehicle driven by Kenneth Dell. Mrs. Dell and her son were fellow passengers. At approximately 11:00 A. M., on September 4, 1972, while traveling south on the New York State Thruway, the Dell vehicle had a flat. Mr. Dell drove the vehicle onto...

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