GERING v. MERCHS. MUT INS


75 A.D.2d 321 (1980)

Gerard Gering, Respondent, v. Merchants Mutual Insurance Company, Appellant; Leonard Caparatta et al., Respondents, et al., Defendant

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

June 30, 1980


Attorney(s) appearing for the Case

Montfort, Healy, McGuire & Salley (E. Richard Rimmels, Jr., of counsel), for appellant.

Rivkin, Leff & Sherman (John F. Morrison of counsel), for respondent.

Joachim, Flanzig & Weissman (Stanley Weissman of counsel), for respondents.

TITONE, J. P., MARTUSCELLO and WEINSTEIN, JJ., concur.


MANGANO, J.

On November 24, 1974, plaintiff and defendants Caparatta and De Rosa, were returning home to New York from a hunting trip in Maine, when De Rosa's truck developed a problem with a front wheel bearing. Stopping at a service station on the Maine Turnpike they found there was no mechanic available. De Rosa therefore obtained permission to use the service station's bay, where he and the plaintiff attempted...

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