New York Court of Appeals, 1972

Kracker v. City of New York

Kracker v. City of New York
New York Court of Appeals · Decided January 5, 1972
29 N.Y.2d 884; 278 N.E.2d 652; 328 N.Y.S.2d 446; 1972 N.Y. LEXIS 1606

Kracker v. City of New York

Opinion of the Court

Order affirmed, with costs; no opinion.

*886Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Gibson. Judge Jasen dissents and votes to reverse in the following memorandum: I agree with the dissenters below that it was error for the trial court not to permit Myrtle Motors Corporation to show that the absence of brake fluid in plaintiff’s automobile was caused by the heavy impact of that vehicle with the Easton truck.

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