Appellate Division of the Supreme Court of New York, 1953

Buono v. Smith

Buono v. Smith
Appellate Division of the Supreme Court of New York · Decided March 16, 1953
281 A.D. 892; 119 N.Y.S.2d 660; 1953 N.Y. App. Div. LEXIS 3698
Buono v. Smith

Opinion of the Court

In an action to recover damages for injuries to person and property suffered when plaintiff’s automobile ran into the rear of defendant’s truck, which was stalled on the highway, the complaint was dismissed at the close of plaintiff’s case. Judgment unanimously affirmed, with costs. The evidence required direction of a verdict in favor of defendant. (Axelrod v. Krupinslci, 303 N. Y. 738.) Present — Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldoek, JJ.

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