FRIED v. KORN


286 A.D. 107 (1955)

Mannie Fried et al., Respondents, v. Sidney Korn, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 7, 1955.


Attorney(s) appearing for the Case

John Nielsen of counsel (John P. Smith, attorney), for appellant.

Bernard Meyerson of counsel (Irving Klein and Herman E. Hoberman, attorneys), for respondents.

PECK, P. J., BASTOW and RABIN, JJ., concur with BREITEL, J., CALLAHAN, J., dissents and votes to affirm in opinion.


BREITEL, J.

Defendant automobile owner appeals from a judgment, entered on a jury verdict, in favor of plaintiffs, one, the relief driver of defendant's automobile, and the other, the relief driver's wife, who was merely a passenger. The accident occurred when a rear tire, weakened from wear, blew, causing the car to overturn, thereby injuring plaintiffs. The judgment should be modified to dismiss the complaint...

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