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BOHAN v. AUTO PARTS OF JAMAICA, INC.

74 A.D.2d 834 (1980)

Christopher Bohan et al., Plaintiffs, v. Auto Parts of Jamaica, Inc., Appellant, and J.J.N. Auto Body, Inc., et al., Respondents, et al., Defendants. (Action No. 1.) (And Three Other Actions.)

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

March 10, 1980

Appeal from the order dismissed (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment reversed, on the law, and new trial granted as to the issue of permissive use, with costs to abide the event.

The new trial shall be conducted by a different Justice and if it is again determined that there had been a permissive use, then the apportionment of liability shall remain as previously determined...

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