Appellate Division of the Supreme Court of New York, 1959

Yarits v. Tanner

Yarits v. Tanner
Appellate Division of the Supreme Court of New York · Decided February 16, 1959
7 A.D.2d 929; 183 N.Y.S.2d 1006; 1959 N.Y. App. Div. LEXIS 9918
Yarits v. Tanner

Opinion of the Court

In an action to recover damages for personal injuries which resulted from the collision of two motor vehicles, the appeal is from a judgment in favor of respondent entered on the verdict of a jury. Judgment affirmed, with costs. No opinion. Nolan, P. J., Wenzel, Murphy and Ughetta, JJ., concur; Beldock, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum: It was error to refuse a short adjournment in order to permit a witness for appellant to appear and testify to a material fact in the case.

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