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TOBIA v. LOIACONO

93 Misc.2d 689 (1977)

Joanne Tobia, Respondent, v. Nicholas Loiacono et al., Appellants.

Supreme Court, Appellate Term, Second Department.

November 30, 1977

Attorney(s) appearing for the Case

Lupow, Grafstein & Frankfort (Howard S. Grafstein of counsel), for appellants.

Concur: FARLEY, P. J., PITTONI and SILBERMAN, JJ.

MEMORANDUM.

Judgment in plaintiff's favor unanimously reversed, without costs, and a new trial ordered.

In this small claims action involving an automobile property damage case, plaintiff's mother testified that she was driving plaintiff's car with her consent, but in her absence and not upon her business; that she was struck by defendant's car; that she took the car in to be repaired and paid $500 for such repairs...

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