Appellate Division of the Supreme Court of New York, 1944

Peck v. Kittelberger

Peck v. Kittelberger
Appellate Division of the Supreme Court of New York · Decided May 24, 1944
267 A.D. 1043; 49 N.Y.S.2d 427; 1944 N.Y. App. Div. LEXIS 6158
Peck v. Kittelberger

Opinion of the Court

— Order affirmed, with *1044costs to the respondent to abide the event. All concur, except Dowling, J., not voting. (The order of the Monroe County Court reverses a judgment of the Rochester City Court in favor of defendants and grants a new trial in Rochester City Court in an action to recover property damage to plaintiff’s automobile alleged to have resulted while it was left in defendants’ care for battery repair.) Present — Cunningham, P. J., Taylor, Dowling, Harris and McCurn, JJ.

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