Appellate Terms of the Supreme Court of New York, 1958

International Radiant Corp. v. Intrator

Appellate Terms of the Supreme Court of New York · Decided June 17, 1958

13 Misc. 2d 443; 180 N.Y.S.2d 642; 1958 N.Y. Misc. LEXIS 3103

Counsel

M. Kenneth Hahan for appellant., Albert F. Kimball for respondents.

Opinion of the Court

Per Curiam.

There was no competent evidence to establish that the defendant was the owner of the taxicab which caused the damage to plaintiff’s car. The record clearly establishes that a third party was the owner of the vehicle which collided with that owned by plaintiff. (Vehicle and Traffic Law, § 11, subd. 3; §§ 12, 61.)

*444The judgment should be unanimously reversed upon the law, with $30 costs to defendant and complaint dismissed, with appropriate costs in the court below.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

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