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MORRIS FARBER v. ROBERT SMOLACK (12/23/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


December 23, 1968

MORRIS FARBER, AS ADMINISTRATOR OF THE ESTATE OF ANN SMOLACK, DECEASED, ET AL., RESPONDENTS,
v.
ROBERT SMOLACK, APPELLANT

Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.

Order of the Supreme Court, Kings County, dated April 8, 1968, reversed, without costs, plaintiffs' motion to set aside jury verdict in favor of defendant denied, and verdict reinstated. There was ample evidence to support a finding by the jury that there was no actionable negligence attributable to the driver of the car. The trial court should not have set aside the verdict in favor of defendant (Winter v. Rickman, 26 A.D.2d 842; Kalin v. Robert Catino, Inc., 20 A.D.2d 549; Pertofsky v. Drucks, 16 A.D.2d 690).

19681223

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