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HOFFMAN v. LEHMAN

286 A.D. 487 (1955)

Valerie Hoffman et al., Respondents-Appellants, v. I. Howard Lehman et al., as Trustees of Surface Transportation Corporation of New York, et al., Appellants-Respondents

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

October 25, 1955.

Attorney(s) appearing for the Case

Harold Ira Panken of counsel (Christopher L. Ribaudo, attorney), for respondents-appellants.

Edward D. Burns of counsel (David C. Keane with him on the brief; Saxe, Bacon, O'Shea & Bryan, attorneys), for I. Howard Lehman and another, as trustees, appellants-respondents.

James A. Doherty of counsel (Antoinette M. Rossi with him on the brief; James A. Doherty, attorney), for National Transportation Co., Inc., appellant-respondent.

PECK, P. J., BASTOW and RABIN, JJ., concur.

BOTEIN, J.

Plaintiff was injured when a bus in which she was a passenger made a sudden stop, causing her to be thrown from her seat. The manner in which the accident occurred is virtually undisputed. The bus was traveling at a speed of from ten to twelve miles per hour, on a traffic lane under the Third Avenue "El" structure. It was raining, and the cobblestone roadway was wet. A taxicab was proceeding in the...

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