FERRER v. HARRIS


80 A.D.2d 759 (1981)

Malikah Ferrer, an Infant, by Jose Ferrer, HIS FATHER AND NATURAL GUARDIAN, et al., Respondents, v. Ben Harris et al., Appellants

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

March 3, 1981


Respondents shall recover one bill of $75 costs and disbursements of this appeal.

Lynch, J., dissents in a memorandum as follows:

I would reverse the judgment and grant a new trial. The evidence presented a question of fact as to whether the defendant Harris was confronted by an emergency, a question withheld from the jury by the court's refusal to so charge, and a question of fact as to whether the accident was proximately caused by any negligence...

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