SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
December 11, 1969
HARRY J. SHERWOOD, RESPONDENT,
JUSTIN FLEMING, APPELLANT. (APPEAL NO. 2)
Appeal from judgment of Monroe Trial Term in automobile negligence action.
Del Vecchio, J. P., Marsh, Gabrielli, Moule and Bastow, JJ.
(Same Memorandum as in Sherwood v. Fleming, 33 A.D.2d 880.)
Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event.
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